Griffith v. Griffith

Citations

• 71 Wash. 56
• 127 P. 585
• 1912 Wash. LEXIS 689

Syllabus

<p>Divorce — Appeal—Power oe Appellate Court — Protection Pending Appeal. Tbe supreme court will not, pending appeal in a divorce case, restrain tbe husband from violence, in violation of an order restraining bim, since adequate remedy is provided by statute.</p> <p>Divorce — Appeal—Jurisdiction—Temporary Alimony and Suit Money. Upon appeal by tbe wife from a judgment denying a divorce, tbe appellate court will, in aid of its appellate jurisdiction, award ber temporary alimony and suit money for an efficient preparation of ber case (Reversed on Rebearing).</p> <p>Same — Allowance for Alimony — -Suit Money. A wife in necessitous condition will be awarded temporary alimony of $20 per week for the support of herself and children, with possession of tbe family home, and $150 suit money and attorney’s fees for prosecuting an appeal from a judgment denying a divorce, where there was evidence that tbe community owns property of tbe value of $30,000 or $40,000, which, the defendant admitted was of the value of $5,000, over and above all indebtedness (Reversed on Rehearing).</p> <p>On Rehearing.</p> <p>Divorce — Appeal—Jurisdiction—Temporary Alimony. Under the constitution, limiting the original jurisdiction of the supreme court to special writs and to all other writs necessary and proper to the complete exercise of its appellate jurisdiction, the supreme court has no jurisdiction, pending an appeal in a divorce ease, to award the wife temporary alimony, suit money and attorney’s fees for the prosecution of her appeal (Gose, J., dissenting).</p>