Newlands

Newlands v. Superior Court

Good Law
171 Cal. 741·1916 Cal. LEXIS 630·154 P. 829
Supreme Court of CaliforniaJanuary 19, 1916L. A. No. 4240.California1,707 words

Opinion

Lead Opinion

Henshaw, J.

This is an original petition for mandate to compel the superior court of Los Angeles County and the Honorable Charles Monroe, judge thereof, to grant the petitioner alimony pendente lite, attorneys’ fees and costs, grow ing out of the matter of her proposed appeal from the judgment and deoree of divorce awarded against her.

By his answer respondent shows that petitioner, Viola New-lands, brought her action against her husband, Joseph R. Newlands, on the twenty-fourth day of August, 1914. She charged that the defendant abandoned her in the city of New Orleans on the third day of April, 1911, and ever since has without cause failed to provide for her. . She also charged him with the infliction of extreme cruelty upon her. The defendant answered and likewise filed a cross-complaint, in which he sought a divorce from plaintiff upon the twofold grounds of her desertion and her cruelty. Pending the trial of this action plaintiff, under order not made by respondent, was in receipt of alimony pendente lite. The trial had before respondent resulted in his finding, upon ample legal evidence, that defendant had not deserted plaintiff and had not treated her with cruelty, had not applied to…

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