Burdick v. Burdick

CRAIG, J.

A suit for divorce was instituted by the respondent herein, the appellant served and filed an answer and cross-complaint, and respondent answered the pleading last mentioned. The complaint alleged nonsupport and desertion, the existence of community property in Riverside County, and that $250 was a reasonable fee for an attorney whom the plaintiff was compelled to employ in order to present her action. She prayed judgment dissolving the bonds of matrimony, all of the realty constituting the community property, attorney’s fees in said amount, and temporary alimony and permanent maintenance, together with costs incurred. The answer denied all of the material allegations of the complaint, except the marriage, alleging desertion upon the part of the plaintiff, and in the cross-complaint alleged desertion and adultery of the cross-defendant, and prayed a dissolution of the marital bonds. It appears from the pleadings of the parties that they were married in the state of Kansas. It is alleged by the plaintiff and respondent that they separated in the county of Riverside more than twelve years previously to her suit for divorce, and that she was at the time of filing her complaint employed. The defendant and appellant admits the time and place of marriage, but denies that they separated in California, averring that he came to California and attempted to persuade his wife to return to Kansas with him, which she refused to do, and that he had sent her money from that state. The trial court found that the plaintiff was a resident of California, and that the defendant resided in the state of Kansas; that they intermarried in 1901, and separated on July 29, 1921, at Riverside, California; that the defendant had deserted the plaintiff, and that she was without means to prosecute the action, and had employed an attorney, the reasonable fees of whom were $250; that the plaintiff was not guilty of desertion nor adultery. It was also found that the plaintiff and defendant had acquired community property consisting of certain described realty in Riverside County. An interlocutory decree was granted the plaintiff, and she was therein

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awarded all of the community property, $250 attorney’s fees, and costs hut the defendant was by the conclusions of law and judgment adjudged entitled to and given judgment for the sum of $425 as a condition to vesting in the plaintiff title to the real property. The defendant and cross-complainant appealed from the whole judgment upon the judgment-roll, by a bill of exceptions, and filed an opening brief, to which the respondent made no response.