I dissent. The majority opinion weighs conflicting evidence and reaches a conclusion of fact different from that reached by the trial court. That court found, on substantial evidence, “that defendant has no ability to earn more than sufficient for his own support and maintenance, has no property of any Mnd or character and no money except said $50 postal savings, and has no ability to pay further for the support and maintenance of plaintiff or for her attorney’s fees or costs herein.” It does not appear that such finding could have been affected, either as to its substance or legal effect, by any further testimony concerning, or different view of, the plaintiff’s asserted needs; hence such finding, under rules which formerly governed appellate tribunals on questions of fact, should be determinative of this appeal.