Sharon v. Sharon

Citations

• 67 Cal. 185
• 7 P. 456
• 1885 Cal. LEXIS 596

Syllabus

<p>Divorob—Action in Equity—Supreme Court—Jurisdiction.—An action for divorce is a case in equity within the meaning of the clause of the Constitution conferring appellate jurisdiction on the Supreme Court.</p> <p>Id,—Action to Establish Marriage. —An action brought under section 78 of the Civil Code for the purpose of determining the validity of a disputed marriage is in its nature a suit in equity, and from the judgment therein an appeal lies to tho Supreme Court.</p> <p>Id.—Order for Alimony and Counsel Pees Appealable—Pinal Judgment. —In an action for divorce, an order made pendente lite, for the payment by the husband to the wife of temporary alimony and counsel fees, is in effect a final judgment, and therefore appealable. Such an order cannot be reviewed on an appeal from the judgment decreeing a divorce.</p> <p>Id. — Staying Proceedings on Order — Sufficiency of Undertaking. —The order required the defendant to pay to the plaintiff, on or before the 9th day of March, 1885, the sum of S7,500 as alimony, and thereafter the sum of $2,500 monthly, until the further order of the court; it also required the defendant to pay the sum of 555,000 as counsel fees. On appeal from the order, the defendant filed an undertaking to stay proceedings in the sum of §805,000, being double the amount of tho gross sums allowed for alimony and counsel fees, and double the amount of the monthly payments for the period of three years, assumed to be the period during which the appeal would probably be pending. Held, that the undertaking was sufficient to stay proceedings on the order pending tho appeal.</p>