Howell

Howell v. Howell

Good Law
101 Cal. 115·1894 Cal. LEXIS 992·35 P. 443
Supreme Court of CaliforniaJanuary 20, 1894No. 18350California780 words

Opinion

lead Opinion

Beatty, J.

The decision rendered is, in effect, a final judgment, from which an appeal properly lies. (Sharon v. Sharon, 67 Cal. 196 ; Code Civ. Proc., sec. 577; California etc. R. R. Co. v. Southern Pacific R. R. Co., 67 Cal. 63 .)

Charles G. Nagle, and W. Henry Jones, for Respondent.

An order allowing alimony is an order after judgment, which is itself subject of appeal. (Sharon v. Sharon, 79 Cal. 702 .) In case of an appeal from any decision made after judgment, a bill of exceptions is the proper, and the only proper, mode of authentication. (Code Civ. Proc., sec. 651; Somers v. Somers, 81 Cal. 608 .)

This is an action by a wife for a divorce on the ground of desertion. Defendant being absent from the state was not personally served with summons, but, upon substituted service and his default, judgment was given in September, 1890, dissolving the *116 marriage, awarding to the plaintiff the custody of the minor children, and setting apart to her use all the community property in California.

More than a year after the entering of this judgment— in December, 1891—the defendant having come within the state, the plaintiff filed a petition in the nature of a supplemental complaint, setting…

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