Everett

The divorce was granted for the offense of the wife.

The Court was authorized to make a division of the community property, and of that only. (Civil Code, secs. 146-8.)

The Court found as a fact (Trans, fol. 40) that there was no community property. Hence that portion of the decree requiring these payments to defendant as her share of the community property is directly opposed to the findings, and being unsupported by the findings, should be set aside.

Had the case been reversed, and the divorce granted to the wife for the offense of the husband, the Court would have been authorized to require the husband to provide for the maintenance of the wife, even out of his. separate property. (Civil Code, secs. 139-141.)

But the offending wife with no children is limited upon final decree against her to a division of the community property, if any there be.'

M. Q. Cobb, for the Respondent.

The District Court found that there were no children of the marriage, and was no community property.

Sec. 139 of the Civil Code provides: “ Where a divorce is granted for an offense of the husband, the Court may compel him to provide for the maintenance of the children of the marriage, and to make…