Roby v. Roby

Citations

• 9 Idaho 371
• 74 P. 957
• 1903 Ida. LEXIS 38

Syllabus

<p>Allowance of Suit Money Pending Appeal — Jurisdiction of District Court to Allow Same — Jurisdiction of Supreme Court to Allow Same.</p> <p>1. Under tbe provisions of sections 2472 and 4927 of the Revised Statutes of Idaho, the district courts retain jurisdiction in divorce cases after appeal has been taken from the judgment of such court to make orders directing the payment of costs and expenses necessary in the preparation and perfecting the appeal and for attorneys’ fees in prosecuting the same.</p> <p>2. Held, further, that under the provisions of section 9, article 5, of the constitution, after the record on appeal is filed in the supreme court, that court has power to order the payment of attorneys’ fees or suit money when necessary to the complete exercise of its appellate jurisdiction.</p> <p>(Syllabus by the court.)</p>