State ex rel. Surry v. Superior Court

Citations

• 74 Wash. 689
• 134 P. 178
• 1913 Wash. LEXIS 2114

Syllabus

<p>Appeal — Decisions Appealable — Pinal Order — Temporary Alimony. An order for the payment of attorney’s fees and temporary alimony each week pending a divorce case, is appealable as a final judgment, under Rem. & Bal. Code, § 1716, subd. 1, authorizing an appeal “from the final judgment entered in any action or proceeding.”</p> <p>Appeal — Time for Taking — Temporary Alimony. The fifteen days’ limitation provided by Rem. & Bal. Code, § 1718, for appeals from any order other than the final order, does not apply to an appeal from an order for temporary alimony and attorney’s fees in a divorce case; as it is a final order.</p> <p>Prohibition — To Courts — Inadequacy of Remedy by Appeal. Where defendant in a divorce case appealed from an order for temporary alimony and attorney’s fees, and gave a supersedeas bond fixed and approved by the court, prohibition lies to prevent enforcement of the order by contempt proceedings; since there is no adequate remedy by appeal-.</p>