Cralle v. Cralle

Citations

• 81 Va. 773
• 1886 Va. LEXIS 141

Syllabus

<p>1. Appeal—Supersedeas—Court below.—Pending appeal from decree to which a supersedeas has been issued, and perfected by bond, the only orders the court below can make in the suit are such as are needed to preserve the rem in litigation.</p> <p>2. Idem—Alimony—Court below.—Code 1873, ch. 105, sec. 10, authorizes trial court, pending the suit, to compel the man to pay sums necessary to maintain the woman and enable her to carry on the suit; yet it does not justify it to make any order for such purpose, pending appeal here from decree rendered in same suit for alimony.</p> <p>3. Idem—Idem—Case at bar.—Pending a divorce suit, trial court decreed alimony to the woman. From the decree appeal was taken and supersedeas awarded. Pending the appeal, trial court decreed to the woman an allowance of §150 to enable her to defend the suit in this court, and §25 a month for her maintenance during the pendency of the suit. On appeal from last decree—</p> <p>Held :</p> <p>1. The court below was unauthorized to make the decree last appealed from.</p> <p>2. The amount decreed, however, being less than the minimum jurisdictional sum, the appeal must be dismissed.</p> <p>3. The appellant’s remedy is by writ of prohibition from this court to the execution of the decree.</p>