Harlan
Harlan v. Harlan
Opinion
Lead Opinion
Loss, J.
In May, 1891, the superior court of Yolo County entered a decree granting to Lena J. Harlan a divorce from W. C. Harlan. The decree awarded to the wife, plaintiff in the action, the custody of the three minor children of the parties, and awarded to her a portion of the community property. It was further decreed that “the property so awarded to plaintiff shall be in lieu of any further provision or alimony for her personal maintenance or support.”
In April, 1895, Lena J. Harlan filed in the same action a petition for an order requiring the defendant to pay her the amount theretofore expended by her for the support, maintenance, and education of the children, “and a further periodical amount hereafter for the support and education of his said children.” The defendant answered this petition, and, after a hearing, the court, in August, 1895, made an order that the plaintiff retain the custody of the children, and that defendant pay to plaintiff “for their support, education and maintenance” the sum of sixteen dollars per month for each child, or forty-eight dollars for the three, payments to commence on September 1, 1895. On September 11, 1895, the court made a modifying order…