Howell

Howell v. Howell

Good Law
104 Cal. 45·1894 Cal. LEXIS 853·37 P. 770
Supreme Court of CaliforniaSeptember 10, 1894No. 18251California1,176 words

Opinion

lead Opinion

McFarland, J.

This is an appeal by defendant from an order of the superior court requiring him to pay to plaintiff one hundred dollars, per month from January 20, 1892, until the further order of the court.

On May 14, 1890, the parties were husband and wife; and on that day plaintiff commenced an action for divorce from defendant. She averred in her complaint, as ground for the divorce, desertion by the defendant; and she also averred that there were certain named minor children of the parties, and that there was certain community property in the territory of Wyoming worth about ten thousand dollars, and also certain personal property in California worth seven thousand one. hundred dollars, and certain described real property here belonging to the community. She prayed for a divorce, the custody of the children, and that the court *46 award to ber all the said community property, real and personal, in California. The defendant, who then lived in Wyoming territory, was served by publication and made default. The court entered a decree on September 11, 1890, in accordance with the prayer of the complaint. There was nothing in either the complaint or the judgment about alimony. By the judgment…

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