Opinion
Docket No. 14106.
January 26, 1950.
APPEAL from an order of the Superior Court of the City and County of San Francisco directing payment of money for support of former wife under a final judgment of divorce. Theresa Meikle, Judge. Affirmed.
Philip S. Ehrlich, Albert A. Axelrod and R.J. Hecht for Appellant.
Erskine, Erskine Tulley, Morse Erskine, Gavin McNab, Schmulowitz, Aikins, Wyman Sommer, Nat Schmulowitz, Peter S. Sommer and Sidney DeGoff for Respondent.
MEMORANDUM CASE
Defendant appeals from an order directing him to pay plaintiff for her support under the terms of a final decree of divorce at the rate of $530.40 per month during the year 1948. The amount is based upon the net earnings of defendant in 1947 calculated in accordance with the property settlement agreement which was made a part of the decree, and has been construed in Kohn v. Kohn, Civ. No. 14017, ante, p. 708 [ 214 P.2d 71], this day filed. Two items of income included by the court are questioned: 1. a sum paid to defendant as salary by Federated Investment Company which the court treated as a dividend; and 2. income received from property acquired from the estate of George Kohn, deceased.
Appellant's similar contentions in Kohn v. Kohn, Civ. No. 14017, ante, p. 708 [ 214 P.2d 71], were disposed of adversely to him and no purpose would be served by repeating the discussion of them.
Order affirmed.
Nourse, P.J., and Goodell, J., concurred.
A petition for a rehearing was denied February 25, 1950, and appellant's petition for a hearing by the Supreme Court was denied March 23, 1950. Schauer, J., voted for a hearing.