Poole

This appeal is from an order granting respondent alimony pendente lite and counsel fees, upon her motion for that purpose.

The complaint alleges a marriage with the defendant in 1881, that at the time of the marriage defendant had a husband living, from whom she had not been divorced, and on that ground plaintiff seeks to annul his said marriage.

Defendant’s answer admits her marriage to plaintiff and her former marriage, alleges that her marriage to plaintiff was in good faith, believing she had been divorced, that they lived together as husband and wife from tliat time until April, 1891, when plaintiff deserted her; and further, that a divorce was obtained by her former husband March 31, 1882, and alleges: “ That in the month of February, 1888, they removed to the city of San Diego, state of California, from which time they muvually consented to and did marry.” Defendant also filed a cross-complaint, praying that the said marriage be declared legal, and for alimony.

Demurrers to the answer and cross-complaint were interposed by plaintiff, which were overruled, and upon defendant’s motion, alimony, in the sum of forty-five dollars per month and one hundred dollars counsel…