Jenny

Plaintiff appeals from a judgment rendered against her in an action for support and maintenance against her husband, the defendant. The marriage occurred about 4 or 5 o’clock P: M., and at 5:20 on the same day, September 25, 1915, the parties separated and never thereafter lived together as husband and wife. The defendant alleges and testified and the court found that this separation was by mutual consent. As was said in Mayr v. Mayr, 161 Cal. 134, 140 , [ 118 Pac. 546 ]: “A wife living separate and apart from her husband cannot, in the absence of special agreement therefor, compel him to support her while living so apart, unless such separation is caused by misconduct on his part.” The testimony of the husband, and indeed the conduct of the parties, support the finding by the court that the separation was by consent. It is claimed, however, by the appellant that such separation by consent was a result of a prenuptial agreement between the parties, by which it was arranged that they should be married, but should never live together; that the plaintiff should not assume defendant’s name; that each should retain their own property and all their future earnings and acquisitions, and…