Smith v. Smith

Plaintiff'-appellant appealed from a modified interlocutory decree of the Superior Court of San Diego County entered in the above entitled divorce action in which both parties were found guilty of extreme cruelty.

The original interlocutory decree and modified decree found certain property to be community property and made a division thereof between the parties. It also awarded plaintiff $300 per month support for 24 months. A modified decree was entered awarding plaintiff an additional sum of $1,220.72, payable $33.90 per month as of March 16, 1960, and readjusting ownership of certain stock formerly awarded to plaintiff.

The record is before us on the appeal and plaintiff has filed her opening brief. Defendant moved to dismiss the appeal on the representation that plaintiff had accepted the fruits *319 of the judgment by taking assignment of ownership from defendant to plaintiff of one automobile, one ring, insurance policy and certain shares of stock distributed to her under the interlocutory decree. It was further shown that defendant has made all payments due plaintiff from defendant under the interlocutory decree up to the present time.

On the appeal, plaintiff contends…