White v. White

Citations

• 97 Cal. 604
• 32 P. 600
• 1893 Cal. LEXIS 598

Syllabus

<p>Divorce — Costs of Reference — Order Allowing Mortgage of Husband’s Property — Power of Court—-Evidence. —In an action for • divorce by a husband against his wife, where a decree was rendered in favor of the wife, and a referee .was appointed to take testimony and report thereon as to the character, condition, and value of the property of the husband, preliminary to a rendition of final judgment, and the decree required the costs and expenses of the reference to be paid by the husband, and the referee filed a petition to have the husband pay a certain sum into court for the payment of the costs of the reference, an order of court authorizing the husband to mortgage his realty for the purpose of securing the money is within the power of the court, and is a proper order.</p> <p>Id.—Ability of Husband to Pay without'Mortgage — Appeal — Conflicting Evidence. —A contention by the wife that the husband was able to procure money from other sources to pay the expenses of the reference, and that therefore the mortgage should not be made, will not be sustained upon an appeal from the order, where the evidence on such issue is conflicting.</p>