Mayr v. Mayr

This appeal, founded on the judgment-roll alone, is taken by defendant as cross-complainant from a judgment denying a divorce to him. As a part of the judgment plaintiff and cross-defendant was awarded one hundred and fifty dollars a month for the support of herself and her minor child, although she also was denied a divorce upon her complaint and proof.

Appellant contends that the court below had no power to enter a decree for alimony under the facts of the ease as found, and that upon the findings the cross-complainant was entitled to a decree of divorce on the grounds of cruelty and of…