Holcomb v. Holcomb

Citations

• 49 Wash. 498
• 95 P. 1091
• 1908 Wash. LEXIS 608

Syllabus

<p>Courts — Jurisdiction—Appellate Courts — Divorce — Alimony Pending Appeal. The supreme court has original jurisdiction to entertain an application for temporary • alimony, attorney’s fees and suit money pending an appeal from a judgment of divorce in favor of a wife, under the statutes requiring a trial ele novo on appeal and declaring that the supreme court shall be possessed of the whole case as fully as the trial court was, and under Const, art. 4, § 4, giving the supreme court power to issue all writs necessary and proper to the complete exercise of appellate and revisory jurisdiction (Mount, Rudkin, and Fullerton, JJ., dissenting).</p> <p>Divorce — Alimony—Suit Money — Pending Appeal. A proper case for the allowance of suit money and alimony pending appeal is shown where the wife secured a judgment of divorce, with alimony, which was superseded on the husband's appeal from the allowance of alimony, and the wife was without means-of support for herself and child.</p> <p>Divorce — Suit Money Pending Appeal. In fixing suit money and attorney’s fees pending appeal in a divorce case, the supreme court will grant only a fair amount for necessary expenses, leaving the ultimate amount of the attorney’s fees to the final adjudication of the case.</p> <p>Ne Exeat — Grounds—Showing—Suiticiency—Divorce. A writ of ne exeat preventing an appellant in a divorce case from leaving the state pending the appeal will not be granted, in the absence of a sufficient showing that he is about to do so, and where he has given a supersedeas bond on appeal, and much of the property involved is real estate which cannot be conveyed without consent of the wife.</p>