Hiner v. Hiner

CHIPMAN, P. J.

Plaintiff is the wife of defendant and brings the action for separate maintenance for herself and three children of the marriage. The complaint alleges that in October, 1902, plaintiff and defendant were residing together in the county of Chehalis, state of Washington, and that in said month defendant abandoned and willfully deserted plaintiff and has never returned to plaintiff or to their said 'residence, but still continues to abandon and desert plaintiff; that defendant came to California shortly after October, 1902, “and is now

a bona fide

resident of Sonoma County”; that “plaintiff ever since October, 1902, has been and is now a

bona fide

resident of said Chehalis County, State of Washington”; that defendant is possessed of considerable means, setting forth a description of property alleged to be owned by him, and that plaintiff, when so abandoned and deserted by defendant, was left with no means of income and with property “of but little value and plaintiff now has

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no means of support.” Plaintiff alleges that she is in need of $100 per month from October, 1902, thenceforth “for her support and for the support of her said minor children”; that “under the laws of the State of Washington the plaintiff has a cause of action against defendant for a divorce.” The-prayer of the complaint is that it be decreed that plaintiff “has a cause for divorce against defendant; that $100.00 per month is a proper amount for the support of plaintiff and her said minor children and has been ever since said desertion of plaintiff by defendant.” Attorney’s fees are also prayed for in the sum of $250 and $100 pending the trial of the action and for costs and expenses of suit, and “that the same may be made a charge upon said land and premises,” and for such other relief as may be meet and proper.

Plaintiff gave notice to defendant that at a time stated she would move the court for an order requiring defendant to pay plaintiff $100 per month, commencing at the filing of the complaint; also for $400 attorney’s fees and $300 for costs and expenses; that said motion would be heard upon the pleadings and upon certain affidavits, copies of which were served with the notice. The matter came on to be heard upon said papers and upon counter-affidavits filed by defendant, and upon the hearing the court made an order that defendant forthwith pay $210 as and for alimony; $50 costs of suit and $100 as attorney’s fees and directed that execution issue to enforce collection of the same. The appeal is from this order and is taken directly to this court.