Lynch v. Lynch

Appeal from an order modifying a decree providing for the maintenance by the husband of the wife and children of the marriage, under the provisions of section 136 of the Civil Code.

Bridget Lynch commenced an action for divorce against her husband, William, Lynch, alleging extreme cruelty. There were six children, three of whom were minors at the time the action was commenced. The community property consisted of a certain piece of realty with three flats upon it. Mr. Lynch answered, denying the allegations of the complaint. Divorce was denied, and the trial court, invoking the authority of section 136 of the Civil Code, made its decree dividing the community and directing defendant to convey to plaintiff an undivided one-half interest in and to the same. The decree also provided that the “care, custody and control of the minor children of the parties” be awarded to the plaintiff, and “that the plaintiff, Bridget Lynch, for the support of herself and said minor children, be allowed to assume the management of said real property, as described in said complaint, and to receive and collect the rents thereof and retain the same for her support and the support of said minor children,…