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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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ful ni-plect" in section ddini'dt.

§ 107. HAurrr.VL inthmtkhaxe fok one yeak.

[1] Wilful desertion, [2] wilful neglect, or [51] habitual intem-

59



§ 107 CIVIL CODE. [Div.I,Pt.III.

perance must coutiuue for one year before either is a ground
for divorce.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

74 C. 608, 613, 16 P. 518, 520 (cited with other sections); 122 C.
253, 255, 256, 54 P. 847 (applied); 123 C. 653, 654, 56 P. 554 (sec-
tion does not apply to offer of reconciliation made at time of
suit for maintenance); 135 C. 397, 87 A. S. 118, 67 P. 506 (ap-
plied); 153 C. 56, 58, 94 P. 244 (cited).



I



GU



Tit.I,ch.ir,art.III.] DIVORCE denied. §111

ARTICLE III.

CAUSES FOR DENYING DIVORCE.

§ 111. Divorces denied, on showing what.

§ 112. Connivance, wliat.

S 113. Corrupt consent, how manifested.

§ 114. Collusion, what.

§ 115. Condonation, what.

§ 116. Requisites to condonation.

§ 117. Condonation implies what.

I 118. Evidence of condonation.

§ 119, Can only be made, when.

§ 120. Concealment of facts in certain cases makes condonation

void.

§ 121. Condonation, how revoked.

§ 122. Recrimination, what.

S 123. Condonation, when to bar defense.

§ 124. Divorce, when denied.

§ 125. Lapse of time establishes certain presumption.

§ 126. Presumption may be rebutted.

§ 127. Limitation of time.

§ 128. Actions in divorce case. — [Plaintiff must be resident.]

§ 129. Proof of actual residence required — Presumptions do not

apply.

§ 130. Divorce by default, etc. — [Not granted.]

§ 131. Interlocutory judgment.

§ 132. Final judgment, after one year.

§111. DIVORCES DENIED, ON SHO^YING WHAT.

Divorces must be denied upon showing:

1. Connivance; or,

2. Collusion; or,

3. Condonation; or,

4. Recrimination; or,

5. Limitation and lapse of time.

History: Enacted March 21, 1872.

74 C. 608, 612, 613, 16 P. 518, 519, 520 (cited with other sec-
tions).

Wife living separate from husband. — Without cause or just
ground for divorce, — as to whether a wife, under such circum-
stances, is entitled to maintenance from her husband, see Kerr's
Cyc. C. C. § 136 and note.

61



§§ 112-115 CIVIL CODE. [Div.I.Pt.III.

§112. CONNIVANCE, WHAT. Connivance is the corrupt
consent of one party to the commission of the acts of the
other, constituting the cause of divorce.

History: Enacted March 21, 1872.

121 C. 11, 12, 53 P. 403 (applied).

Connivance and collusion imply consent. — See Kerr's Cyc. C.
C. $112, note.

§113. CORKUPT CONSENT, HOW MANIFESTED. Cor-
rupt consent is manifested by passive permission, with intent
to connive at or actively procure the commission of the acts
complained of.

History: Enacted March 21, 1872.

§114. COLLUSION, WHAT. Collusion is [1] an agreement
between husband and wife that one of them sliall commit, or
[2] appear to have committed, or to [3] be represented in
court as having committed, acts constituting a cause of
divorce, for the purpose of enabling the other to obtain a
divorce.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

65 C. 354, 355, 4 P. 229 (construed and applied with other sec-
tions); 1-21 C. 11, 12, 53 P. 403 (construed and applied with other
sections).

§ 115. CONDONATION, WHAT. Condonation is the condi-
tional forgiveness of a matrimonial offense constituting a
cause of divorce.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

102 C. 433, 438, 36 P. 767, 1037 (applied); 123 C. 653, 656, 56 P.
554 (applied); 147 C. 52, 54, 81 P. 297 (construed with other sec-
tions); 1 C. A. 309, 310, 82 P. 90 (applied with § 116).

As to condonation of recriminatory defense, see Kerr's Cyc.
C. C. § 123 and note.

As to validity of contracts for separation, see Kerr's Cyc.
C. C. § 159 and note pars. 2-14, particularly par. 2.

Revocation of condonation. — See Kerr's Cyc. C. C. § 121 and
note.

62



Tit.I,ch.II,art.III.] CONDONATION. §§116-119

§ 116. REQUISITES TO CONDONATION. The following
requirements are necessary to condonation:

1. A knowledge on the part of the condoner of the facts
■ constituting the cause of divorce ;

2. Reconciliation and remission of the offense by the
injured party;

3. Restoration of the offending party to all marital rights.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

95 C. 444, 446, 30 P. 590 (applied); 102 C. 433, 438, 36 P. 767.
11137 (applied); 147 C. 52, 54, 81 P. 297 (construed with other
.-.ctlons); 1 C. A. 309, 310, 82 P. 90 (applied with §115).

§ 117. ( ONDONATION IMPLIES WHAT. Condonation
implies a condition subsequent; that the forgiving party
must be treated with conjugal kindness.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

(C. Jan. 26, 1894), 35 P. 637, 638 (applied); 117 C. 443, 446. 49
P. 557 (applied): 120 C. 184, 189, 52 P. 298 (applied); 147 C. 52,
r>J,'81 p. 297 (construed with other sections).

§11S. EVIDENCE OF CONDONATION. Where the cause
of divorce consists [1] of a course of offensive conduct, or [2]
arises, in cases of cruelty, from excessive acts of ill-tr'^at-
ment which may, aggregately, constitute the offense, [a]
cohabitation, or [b] passive endurance, or [c] conjugal kind-
ness, shall not be evidence of condonation of any of the acts
constituting such cause, unless accompanied by an express
agreement to condone.

HlMtoryi Enacted Marcli 21, 1S72: annnd.^d March 3n, 1S7I,
Code Amdts. 1873-4, p. 190.

See Kerr's Cyc. C. C. for 6 i>ars. annotation.

(C. Jan. 26, 1894), 35 P. 637. 638 (applud): 117 C. 44:!. 447. I'.)
P. 557 (applied): 119 C. 183, 188. 192, 4S P. 730, 51 P. 183 ^■.l\>■
plied); 132 C. 473. 476, 65 P. 772 (applied).

§ 119. CAN ONLY HE MADE, AVIIKN. In cases mentioned
in the last section, condonation can be made only after the

63



§§ 120-123 CIVIL CODE. [Div.I.Pt.III.

cause of divorce has become complete, as to the acts com-
plained of.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 190.

§120. CONCEALMENT OF FACTS IN CERTAIN CASES
MAKES CONDONATION VOID. A fraudulent concealment
by the condonee of facts constituting a different cause of
divorce from the one condoned, and existing at the time of
condonation, avoids such condonation.

History: Enacted March 21, 1872.

§ 121. CONDONATION, HOW REVOKED. Condonation is
revoked and the original cause of divorce revived:

1. When the condonee commits acts constituting a like or
other cause of divorce ; or,

2. When the condonee is guilty of great conjugal unkind-
ness, not amounting to a cause of divorce, but sufficiently
habitual and gross to show that the conditions of condonation
had not been accepted in good faith, or not fulfilled.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

(C. Oct. 20, 1892), 31 P. 258, 259 (applied); 120 C. 184, 189, 52
P. 298 (applied); 121 C. 11, 12, 53 P. 403 (applied).

§ 122. RECRIMINATION, WHAT. Recrimination is a
showing by the defendant of any cause of divorce against
the plaintiff, in bar of the plaintiff's cause of divorce.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

63 C. 352, 353 (applied); 74 C. 489, 492, 5 A. S. 460, 16 P. 248,
249 (applied); 119 C. 183, 189, 48 P. 730, 51 P. 183 (applied); 137
C. xix, 70 P. 304, 305 (applied); 148 C. 239, 245, 82 P. 967, 970
(cited).

§ 123. CONDONATION, WHEN TO BAR DEFENSE. Con-
donation of a cause of divorce, shown in the answer as a
recriminatory defense, is a bar to such defense, unless the

64



Tit.I.ch.II.art.TIL] DIVORCE DENIED. §§124,125

condonation be revoked, as provided in section one hundred
and twenty-one, or two years have elapsed after the condona-
tion, and before the accruing or completion of the cause of
divorce against which the recrimination is shown.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, pp. 190-191.



§ 124. DIVOltCE, WHEN DENIED. A divorce must be
denied:

1. When the cause is adultery and the action is not com-
menced within two years after the commission of the act of
adultery, or after its discovery by the injured party; or,

2. When the cause is conviction of felony, and the action
is not commenced before the expiration of two years after a
pardon, or the termination of the period of sentence.

3. In all other cases when there is an unreasonable lapse
of time before the commencement of the action.

HiNtory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 191.

See Kerr's Cyc. C. C. for 3 pars, annotation.

74 C. 608, 613, 16 P. 518, 520 (cited witli other sections); 104
C. 293, 296, 37 P. 935 (applied); 121 C. 11, 12, 53 P. 403 (applied);
140 C. 112, 117, 118, 73 P. 808 (applied); 153 C. 56, 58, 94 P. 244,
245 (cited with S 125, as not applicable).

§ 12.-). LAPSE OF TIME ESTAllEISHES ( ERTAIX PKE-
SUMPTIONS. Unreasonable lapse of time is such a delay
in commencing the action as establishes the presumption that
there has been connivance, collusion, or condonation of the
offense, or full acquiescence in the same, with intent to con-
tinue the marriage relationsf.] notwithstanding the commis-
sion of such offense.

IliMtory: lOnactcd Marcli 21. 1S72.

See Kerr's Cjc. C. C. for 3 pars, annotation.

121 C. 11, 12, 53 P. 403 (applied); 140 C. 112. 117. 118 (applii^dt;
73 P. 808, 153 C. 56, 58, 94 P. 244, 245 (cited with § 124, as not
applicable).

Kerr's C. C. — 3 65



§§ 126-129 CIVIL, CODE. [Div.I,Pt.III.

§ 126. PRESUMPTIONS MAY BE REBUTTED. The pre-
sumptions arising from lapse of time may be rebutted by-
showing reasonable grounds for the delay in commencing the
action.

History: Enacted March 21. 1872.

§127. LIMITATION OF TIME, There are no limitations
of time for commencing actions for divorce, except such as
are contained in section one hundred and twenty-four.
History: Enacted March 21, 1872.

For commissioners' comment on this section, see Kerr's Cyc.
C. C. § 127, note.

§128. ACTIONS IN DIVORCE CASES— [PLAINTIFF
MUST BE RESIDENT]. A divorce must not be granted
unless the plaintiff has been a resident of the state for one
year, and of the county in which the action is brought three
months next preceding the commencement of the action.

History: Enacted March 21, 1872; amended March 10, 1891,
Stats, and Amdts. 1891, p. 52.

See Kerr's Cyc. C. C. for 11 pars, annotation.

74 C. 608, 613, 16 P. 518, 520 (cited with other sections): 96 C.
4, 6, 30 P. 803, 805 (cited): 100 C. 11, 13, 15, 17, 34 P. 523 (con-
strued and applied with other sections); 128 C. 330, 332, 333, 60
P. 854 (referred to in determining whether sheriff's return upon
subpoena is proof of residence); 140 C. 476, 483, 98 A. S. 73,
74 P. 28 (determining constitutionality of this and other sec-
tions): 153 C. 254, 255, 256, 258, 259, 260, 94 P. 1044, 1045, 1046,
1047 (discussed with otlier sections with respect to non-resident
wife's right to sue for maintenance).

Residence — Of plaintiff within state and county for statutory
period essential to right to maintain action. ^ — See Kerr's Cyc.
C. C. § 92 and note.

§129. PROOF OF ACTUAL RESIDENCE REQUIRED-
PRESUMPTIONS DO NOT APPLY. In actions for divorce
the presumption of law, that the domicile of the husband
is the domicile of the wife, does not apply. After separation,
each may have a separate domicile, depending for proof upon
actual residence, and not upon legal presumptions, .

History: Enacted March 21, 1872.
66



Tit.I.ch.II.art.III.] NO default. §§ 130, 131

See Kerr's Cyc. C. C. for 7 pars, annotation.

G6 C. 309, 310, 5 P. 516 (erroneously cited for §137); 128 C.
L'TO, 274, 60 P. 867, 49 L. 138 (applied); 132 C. 85, 92. 84 A. S.
uu, 64 P. 103 (construed and applied).

§ 130. DIVOIU E BY DEFAULT, ETC.— [>0T GRANTED].

No divorce can be granted upon the default of the defendant,
or upon the uncorroborated statement, admission, or testi-
mony of the parties, or upon any statement or finding of fact
made by referee; but the court must, in addition to any state-
ment or finding of the referee, require proof of the facts
alleged, and such proof, if not taken before the court, must
be upon written questions and answers.

HiMtory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 191.

See Kerr's Cyc. C. C. for 15 pars, annotation.

49 C. 94 (applied); 63 C. 578, 580 (construed and applied): 65
C. 354, 355, 4 P. 229 (construed and applied); (C. May 28, 1887).
14 P. 92, 95 (applied); 67 C. 24, 7 P. 3 (applied); 74 C. 608, 614.
16 P. 518, 520 (applied); 86 C. 219, 221, 24 P. 996 (applied): 88
C. 45, 48, 25 P. 1062 (con.'^trued and ajjplied); 94 C. 225, 227, 29
P. 499 (construed and applied); 120 C. 33, 37, 65 A. S. 147, 52
P. 122 (construed and applied); 120 C. 184, 186, 52 P. 298 (con-
strued and applied); 124 C. 57, 58, 56 P. 629 (applied); 140 C.
112, 119, 73 P. 808 (construed and applied); 140 C. 476, 483, 74
P. 28 (referred to in discussing constitutionality of §§ 131 and
132); 145 C. 784. 787. 79 P. 531 (applied): 148 C. 239, 242, 243.
82 P. 967 (cited as to corroboration and purpose of section
stated); 1 C. A. 309. 310, 82 P. 90 (referred to); 6 C. A. 657, 659.
92 P. 1037 (applied).

§ i:n. I>TEHI,(M ITOHV Jl D(;.MK>T, In actions for
divorce, the court must file its decision and conclusions of
law as in other cases, and if it determines that no divorce
shall be granted, final judgment must thereupon be entered
accordingly. If it determines that the divorce ought to be
granted, an interlocutory judgment must be entered, declaring
that the party in whose favor the court decides is entitled
to a divorce, and from such interlocutory judgment an appeal
may be -taken within six months after its entry, in the
same manner and with like effect as if the judgment were
final. After the entry of the interlocutory judgment, neither

67



§ 132 CIVIL CODE. [Div.I.Pt.III.

party shall have the right to dismiss the action without the
consent of the other.

HLstory: Enacted March 2, 1903, Stats, and Amdts. 1903, p.
75, amended April 16, 1909, Stats, and Amdts. 1909, p. 941.

See Kerr's Cyc. C. C. for 6 pars, annotation.

140 C. 476, 479, 480 (applied), 488 (constitutionality upheld),
98 A, S. 73, 74 P. 28; 143 C. 630, 631, 77 P. 647, 648 (referred to):
146 C. 245, 247, 249, 252, 79 P. 891, 106 A. S. 23 (purpose of this
section and §132 stated); 146 C. 257, 259, 79 P. 897 (cited as to
duty of court in entering- judgment); 147 C. 336, 337, 82 P. 79
(construed with §132); 5 C. A. 262, 263, 90 P. 53 (section con-
templates what).

§ 132. FINAL JUDGMENT, AFTEK ONE TEAR. When one
year has expired after the entry of such interlocutory judg-
ment, the court on motion of either party, or upon its own
motion, may enter the final judgment granting [1] the divorce,
and such final judgment shall [2] restore them to the status
of single persons, and [3] permit either to marry after the
entry thereof; and [4] such other and further relief as may
be necessary to complete disposition of the action, but

If any appeal is taken from the interlocutory judgment or
motion for a new trial made, final judgment shall not be
entered until such motion or appeal has been finally disposed
of, nor then, if the motion has been granted or judgment
reversed.

The death of either party after the entry of the interloc-
utory judgment does not impair the power of the court to
enter final judgment as hereinbefore provided; but such
entry shall not validate any marriage contracted by either
party before the entry of such final judgment, nor constitute
any defense of any criminal prosecution made against either.

History: Enacted March 2, 1903, Stats, and Amdts. 1903, p. 76.

See Kerr's Cyc. C. C. for 4 pars, annotation.

79 C. 336, 339 (erroneously cited for § 137), 21 P. 838, 839 (cor-
rect citation); 140 C. 476, 480 (applied), 488 (bonstitutionality
upheld), 98 A. S. 73, 74 P. 28; 143 C. 630, 631, 77 P. 647, 648 (re-
ferred to); 146 C. 245, 247, 249, 252, 79 P. 891, 106 A. S. 23 (pur-
pose of this section and §132 stated); 147 C. 336, 337,' 82 P. 79
(construed with §131); 5 C. A. 262, 264, 265, 90 P. 53 (cited, as
to effect of plaintiff's death).

68



Tit.I.ch.II.art.IV.] RELIEF— EXPENSES. §§136.137

ARTICLE] IV.
GENEUAI. PIK J VISIONS.

S 13G. Relief may bf adjudsod in some cases, wlioro si'paration
is denied.

§ 137. Expenses of action for divorce- [alimony].

$ 138. Orders respecting custody of children.

S 139. Support of wife and children on divorce or separation
grapted to wife.

§ 140. Security for maintenance and alimony.

§ 141. Court shall resort to what, in executing certain sections.

§142. If wife has sufficient for hor support, court may with-
hold allowance.

§ 143. Community and sei)arate property may be sul)jected to
support and educate children.

5 144. Legitimacy of issui — [Divorce for .ulull ■•i\- "il" )iii>ii.:i n.l i.

H 145. Sanu — [I'"or adultery of wife].

§ 146. Disposition of community propt-rty.

§ 147. Same — [Duty of court to dispose of].

I 148. Saint — [Subji-ct to rcvi.sion on appeal],

§!:{(;. KKIJKF MAY HK AD.HIK;!- I) IN MKME ( ASES,
WIIKKK SKrAHATM>N IS DEMKI). Though judgment of
divorce is denied, the court may, in an action for divorce, pro-
vide for the maintenance l)y the husband, of the wife and
children of the niarriafjo, or any of them.

IIlMt<-ry: Enact»>d March L'l, 1S72; amended by Code Comml.s-
sion. Act March 1 G, 1001. Stats, and Amdts. 1900-1, p, 337, held
unconstitutional; see history. S 4 ante: amnuli-d March 21, IDO.'i,
Stats, and Amdts. 1905, p. f)34.

See Kerr's Cyc. C. C. for 24 pars, annotation.

68 C. 588. 589. 590, 9 P. 842 (construed and appli.d); 74 C.
608, 611. 612. 614. 16 P. 518. 519. 520 (construed and applied):
79 C. 336. 338. 339. 21 P. 838. 839 (construed and applied): (C.
Oct. 2. 1889), 22 P. 284 (applied): 124 C. 48. 53. 54. 55. 71 A. S.
17. 56 P. 630. 631. 57 P. 81 (construed and applied): 126 C. 123.
126. 127. 129. 58 P. 456 (construed and applied with other sec-
tions): 147 C. 175. 176. 81 P. 413. 414 (referred to).

s i:J7. expenses oi V(TI(>\ I ok nivoiM E. [AM.

M().\Y.] When an action for divorce is pending, tlie court

69



§ 137 CIVIL CODE. [Div.I,Pt.III.

may, in its discretion, require the husband to pay as alimony
any money necessary to enable the wife to support herself
and her children, or to prosecute or defend the action.

[Permanent support.] When the husband wilfully deserts
the wife or when the husband wilfully fails to provide for
the wife or when the wife has any cause of action for divorce
as provided in section ninety-two of this code, she may, with-
out applying for a divorce, maintain in the superior court an
action against him for permanent support and maintenance
of herself or of herself and children. During the pendency
of such action the court may, in its discretion, require the
husband to pay as alimony any money necessary for the
prosecution of the action and for support and maintenance,
and execution may issue therefor in the discretion of the
court. The final judgment in such action may be enforced
by the court by such order or orders as in its discretion it
may from time to time deem necessary, and such order or
orders may be varied, altered, or revoked at the discretion
of the court.

[In effect when.] Sec. 2. This act shall take effect and be
in force immediately upon its passage and approval.

History: Enacted March 21, 1872; amended March 20, 1878,
Code Amdts. 1877-8, p. 76; April 6, 1880, Code Amdts. (C. C. pt.)
p. 4; March 18, 1905, Stats, and Amdts. 1905, c. CCXVI, p. 205;
amended March 1, 1907, Stats, and Amdts. 1907, p. 82, Kerr's
Stats, and Amdts. 1906-7, p. 400.

See Kerr's Cyc. C. C. for 126 pars, annotation.

55 C. 316, 319, 320 (applied); 67 C. 176, 177, 178, 7 P. 480 (ap-
plied); 67 C. 185, 201, 203, 7 P. 456, 635, 8 P. 709 (applied and
construed with other sections); 75 C. 1, 38, 16 P. 345, 362 (con-
strued and applied); 79 C. 336, 339 (erroneously cited as §132
and applied), 21 P. 838 (correct citation); 80 C. 141, 144, 22 P.
72 (construed and applied); 83 C. 460, 463, 17 A. S. 266, 23 P. 395
(construed and applied); 91 C. 428, 431, 27 P. 732, 31 P. 258, 259
(construed, power to grant alimony is not exhausted upon
rendition of judgment); 95 C. 339, 342, 30 P. 548 (scope of sec-
tion stated); 97 C. 125, 126, 127, 31 P. 906 (construed, showing'
basis of action); 98 C. 320, 321 (construed and applied — er-
roneously cited as §137 C. C. P.), 33 P. 114, 115 (correct cita-
tion); 99 C. 621, 34 P. 339 (construed and applied); 100 C. 493,
494, 495, 35 P. 87 (construed and applied); 104 C. 45, 47, 43 A. S.

70



Tlt.I,Ch.II,art.IV.] CUSTODY OF children. § 138

70, 37 p. 770 (applied with other sections); 104 C. 293, 297, 37 P.
935 (referred to); 108 C. 45, 46, 40 P. 1056 (construed and applied
■Without citing); 109 C. 544, 545, 42 P. 452 (construed and ap-
,, plied); 109 C. 643, 648, 649, 42 P. 428 (referred to in discussion):
J 113 C. 268, 271, 45 P. 332 (applied); 115 C. 266, 273, 275. 56 A. S.
97, 47 P. 37, 37 L. 626 (applied with other sections); 117 C. 633,
634, 49 P. 836, 38 L. 175 (referred to in discussion); 122 C. 395.
397, 398. 55 P. 152 (applied); 123^. 653, 654, 56 P. 554 (applied);
124 C. 389, 395, 396, 397, 71 A. S. 82, 57 P. 227, 45 L. 793 (con-
strued and applied); 126 C. 123, 125, 126, 127, 128, 129, 58 P.
456 (construed and applied with other sections); 135 C. 121,
125, 67 P. 20 (applied); 136 C. 302, 304, 68 P. 971 (applied); 137
C. 225, 226, 69 P. 1061 (construed and applied); 143 C. 630, 633,
77 P. 647 (referred to with other sections); 144 C. 322,
326, 78 P. 16, 17 (referred to); 146 C. 237, 242, 79 P. 885, 887
(cited in discussing allowance for future support); 147 C. 57,
59, 60, 81 P. 295 (construed witli § 140); 147 C. 143. 147, 81 P. 411,
413 (construed); 147 C. 175, 176. 81 P. 413, 414 (referred to); 148
C. 239. 240. 82 P. 967, 968 (referred to); 150 C. 6, 7, 8, 87 P. 1020
(construed witli §140 as to appointment of receiver); 153 C.
254, 255, 256, 257. 258, 259. 260. 261. 94 P. 1044. 1045. 1046. 1047
(construed with other sections as to right of non-resident wife
to maintain action for maintenance); 1 C. A. 152. 155, 81 P. 1023,
1024 (cited); 4 C. A. 604, 609, 88 P. 734, 735 (object of section
stated).

Alimony allowed — Cannot be attaclied to satisfy previous
debts of wife. — See Kerr's Cyc. C. C. § 139, note.

Allowance for wife and children in grant of divorce or sep:i-
ration to wife, see Kerr's Cyc. C C. § 139 and note.

Fund out of which alimony or maintenance payable. — See
Kerr's Cyc. C. C. § 139 and note.

§ 13S. OKDKKS KESPKCTIXJ ( I'STODY OF ( HII,I)HE>.

In actions for divorce the court may, [I] (hnini; the pend-
ency of the action, or [2] at the final hearing or [3] at any
time thereafter during the minority of any of the children
of the marriage, make such order for the custody, care, edu-
cation, maintenance and support of sucli minor children as
may seem necessary or proper, and may at any time modify
or vacate the same.

Illnlory! Fnacted March 21, 1S72; amended March 3, 1905,
Stilts, and Amdt's. 1905, p. 43.

See Kerr's Cyc. C. C. for 71 pars, annotation.
95 C. 374, 377, 30 P. 561 (applied); 104 C. 45, 4S. t:^ A. S Tf*.

71



§ 139 CIVIL CODE. [Div.I,Pt.III.

37 P. 770 (applied); 105 C. 258, 261, 38 P. 729 (construed and
applied); 106 C. 377, 380, 39 P. 779 (construed and applied with
other sections); 114 C. 542, 545, 55 A. S. 86, 46 P. 609 (construed
and applied); 118 C. 18, 21, 50 P. 9 (applied); 120 C. 143, 146, 147,
52 P. 147, 40 L. 585 (construed and applied); 125 C. 65, 68, 69,
70, 72, 57 P. 677 (construed and applied); 135 C. 192, 193, 67 P.
45 (construed and applied); 137 C. 493, 495, 70 P. 473 (construed
and applied with other sections); 149 C. 224, 226, 86 P. 505, 506
(cited, power of court to modify decree); 4 C. A. 264, 266, 87 P.
561 (power of court to vacate or modify decree).

As to obligation of parents for support and education of
children, see Kerr's Cyc. C. C. § 196 and note.

§ 139. SUPPORT OF WIFE AND CHILDREN ON DIVORCE
OR SEPARATION GRANTED TO WIFE. Where a divorce is
granted for an offense of the husband, the court may compel
him [1] to provide for the maintenance of the children of the
marriage, and [2] to make such suitable allowance to the wife
for her support, [a] during her life, or [!)] for a shorter



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