State ex rel. Shrader v. Phillips

Citations

• 32 Fla. 403

Syllabus

<p>A bill in chancery to vacate a decree of divorce was demurred to as being insufficient to require an answer, and the Circuit Judge overruled the demurrer, and thereupon the defendant appealed and the Circuit Judge made an order that the appeal should operate as {i supersedeas until the hearing by the appellate court, a supersedeas bond being given. After such appeal and supersedeas were perfected the Circuit Judge, upon a petition and affidavit filed by the complainant, made an order of reference for inquiry aud report as to what would be a reasonable sum to allow her for her support and maintenance pending the suit, and to enable her to prosecute her suit and defray the necessary expenses and costs thereof, and to inquire whether or not she was worthy : Held, That ■ pending the appeal and supersedeas the Circuit Court was without power or jurisdiction to entertain such proceedings for alimony and suit money.</p>