FELIS v. FELIS
Felis v. Felis
FELIS v. FELIS
FELIS v. FELIS
No. 2655
November 5, 1924.
229 Pac. 764.
Francis J. Cunningham and L. D. Summerfielcl, for Respondent:
Price & HatvJdns, for Appellant:
OPINION
By the Court,
Sanders, J.:
' This appeal is taken from a judgment, upon the judgment roll alone, in an action wherein the plaintiff wife was granted a divorce from the defendant husband, upon the ground of extreme cruelty. The appeal is taken only from that portion of the decree wherein the defendant was ordered to convey to the plaintiff by a sufficient quitclaim deed all his right, title, and interest in and to the community real estate of the marriage, consisting of four contiguous lots in the city of Sparks, Nevada, together with the buildings thereon.
The appellant husband complains that the court erred in requiring such conveyance without first making provision for the payment, of the community debts; that the court committed error in modifying in its decree a previous order made from its findings of fact that the plaintiff should pay to the defendant the sum of $350 upon the date of the signing of the decree and upon the delivery of said deed, the said amount of $350 being one-half the sum expended by the defendant in the improvement of the community property; that the allowance to the wife of all the community real estate in lieu of alimony pendente lite and permanent alimony is excessive.
The judgment roll consists of the complaint, the answer, the reply, the findings of fact, the judgment, and notice of appeal. No bill of exceptions accompanies the record, and the evidence is not before us.
The coui't is of opinion that the complaint supports the findings and the findings the judgment. The court granting the decree had jurisdiction of the subject matter and of the parties, and there being nothing to show that the court abused its discretion in the particulars complained of, or to show that the court exceeded its jurisdiction in decreeing the community property to plaintiff, the judgment should and must be affirmed.