Stevens v. Stevens

THE COURT.

The defendant wife appeals from an interlocutory decree of divorce entered in favor of the plaintiff husband. The appeal is presented on a clerk’s transcript. In addition to asking for a dissolution of the marital bonds, the complaint prayed for the custody of one of the two minor children of the parties and for. an equitable division of the community property. The defendant answered and filed an amended cross-complaint also praying for a judgment of divorce on the ground of cruelty, custody of the minor children, permanent alimony, an equitable division of the community property, and for counsel fees and costs. A complaint in intervention was filed by Clara Burton wherein she alleged that certain moneys on deposit in designated branch banks in Los Angeles County and standing in the name of the appellant, as trustee, or in the name of Ethel Pay Page, which deposits were being held under a restraining order of the court below, were, in fact, her moneys. The court appointed a receiver. No respondent’s brief has been filed.

The action came on for trial upon the issues raised by the several pleadings referred to. The court below found

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the allegations of extreme cruelty of respondent’s complaint to be true and decreed a divorce in his favor. It was adjudged that appellant take nothing by her cross-complaint. It was also decreed that the intervener take nothing. The intervener has not appealed.

The court further found that the aforesaid deposits were the community property of the spouses. Said deposits were therefore ordered turned over to the receiver as community property. In its decree the court directed that the community personal property, other than the bank deposits referred to, be divided between the spouses and that the receiver sell the real property and dispose of the proceeds in accordance with its decree.

The decree provided for the payment of $800 to the attorneys of each of the parties. The appellant and respondent had each previously been allowed $200 for attorneys’ fees. ' However, this first allowance was to the parties to the action and not to the attorneys direct. The balance of the proceeds in the receiver’s hands were ordered paid in the following manner: One-lialf thereof, plus $300, to the respondent; the balance to the appellant. The defendant appeals from the whole of the judgment.