Poole v. Wilber

Citations

• 95 Cal. 339
• 30 P. 548
• 1892 Cal. LEXIS 825

Syllabus

<p>Annulment of Marriage — Alimony Pendente Lite — Determination of Issues —Review upon Appeal. —Upon the hearing of a motion for alimony pendente lite and counsel fees, in an action for the annulment of a marriage, the trial court cannot determine the issues raised by the pleadings, and the supreme court has no jurisdiction to determine them upon appeal from an order granting such motion, nor to determine the correctness of an order overruling a demurrer to the complaint.</p> <p>Id.—Issue as to Subsequent Marriage — Allowance of Alimony.— Where the marriage is claimed to be a nullity, and is sought to be annulled on the ground of a previous marriage of the defendant with another person, but the defendant avers a subsequent marriage with the plaintiff after the disability was removed, and prays for alimony, upon appeal from an order allowing alimony to the defendant, it need not be considered whether the issue as to the subsequent marriage is sustained upon the hearing of the motion.</p> <p>Id. — Alimony without Claim for Divorce — Cross-complaint of Wife. —Under section 137 of the Civil Code,, which provides that the wife in case of desertion may maintain an action for permanent support without applying for a divorce, and that the court may, in its discretion, require the husband to pay alimony during the pendency of the suit, and money necessary for the prosecution of the action, a wife who is sued for the annulment of a marriage may file a cross-complaint for relief under that provision.</p> <p>Id.—Amount of Alimony—Discretion as to Allowance.—Upon a motion for an order granting alimony pendente lite and counsel fees to the defendant, where the affidavits used upon the hearing show that the only property belonging to the parties or to either of them is a house and lot, to the procurement of which both parties contributed, the title to which is in the defendant, and which is occupied by her, bat that it produces no income; that the defendant has no means of suppor