Smith v. Frates

Citations

• 116 Wash. 108
• 198 P. 732
• 1921 Wash. LEXIS 801

Syllabus

<p>Appeal (386)—Review—Parties Estopped—Acquiescence. Error cannot he assigned on modification of a decree for divorce so as to permit the mother to visit children awarded to the father, where the attorney for the father conceded in open court the right of the mother to visit her children.</p> <p>Costs (24)—Security—Character op Parties—Ancillary Proceedings. A petition for the modification of a divorce decree being an ancillary proceeding and not an original action, would not subject petitioner to the operation of Rem. Code, § 495, requiring nonresident litigants to furnish security for costs.</p> <p>Same (88)—Remedies por Collection—Stay op Subsequent Proceedings. A motion for a stay of proceedings upon a petition for the modification of a divorce decree until petitioner should satisfy the costs in the divorce action was properly denied where it was shown that she was wholly unable to satisfy them.</p>