Beverly v. Guerin

CONREY, P. J.

In this proceeding an alternative writ of mandate was issued requiring respondent judge of the

[776]

superior court to fix the amount of a stay bond on appeal, or show cause why he should not be required so to do.

From the petition and the return to the writ we understand that in a certain action wherein petitioner Johanna Beverly is plaintiff and Chester Beverly is defendant, the superior court on the tenth day of May, 1923, determined ■that the defendant as cross-complainant is entitled to a divorce by reason of extreme cruelty on the part of the wife as charged in the cross-complaint. The interlocutory decree entered at that time, in addition to establishing cross-complainant’s right to a divorce, awarded to Mrs. Beverly the custody of their minor child, provision being made for a monthly allowance to be paid by Mr. Beverly to Mrs. Beverly for the support of said minor child. The parties owned certain community property, concerning which the decree ordered “that the comparatively small equity in the property which both sides agree is community property, will be, and is assigned to the defendant, with the exception of the property consisting of the lot with three houses located at 1414 Bast 23d St. in the City of Los Angeles, California, and described as Lot 4, Block 8, Geo. Dalton Sr. Tr. recorded in said county, one of which is now occupied by the plaintiff, and which shall be assigned to her together with the furnishings—the other property consisting of the equity in the vacant lot on Bast Washington Street in the said City of Los Angeles, California, is hereby assigned to the defendant, Chester Beverly.”

On the first day of October, 1923, pursuant to a petition of Mr. Beverly and an order to show cause, and after a hearing thereon, the court ordered “that the interlocutory decree concerning the maintenance and support of the minor child of the plaintiff and defendant, and the assignment of the property to plaintiff for her maintenance and support be, and the same is hereby modified as follows, to-wit: The equity in the property known and called 1414, 1414% and 1416 Bast 23rd Street, Los Angeles, California, consisting of three (3) houses be, and the same is hereby reassigned to the defendant, said property being hereby declared to be community property, subject to' the further order and disposition of this Court. Upon such property so re-assigned to the defendant, the defendant is to pay all the upkeep, interest on mortgage, taxes and necessary ex