Sullivan v. Sullivan

Citations

• 49 Wash. 508
• 95 P. 1095
• 1908 Wash. LEXIS 609

Syllabus

<p>Courts — Jurisdiction —Appellate Courts — Divorce — Alimony Pending Appeal. The supreme court has original jurisdiction to entertain an application for temporary alimony, attorney’s fees and suit money pending an appeal from a judgment of divorce in favor of a wife, under the statutes requiring a trial de novo on appeal and declaring that the supreme court shall be possessed of the whole case as fully as the trial court was, and under Const, art. 4, § 4, giving the supreme court power to issue all writs necessary and proper to the complete exercise of appellate and revisory jurisdiction.</p> <p>Divorce — Suit Money Pending Appeal. In fixing suit money and attorneys fees pending appeal in a divorce case, the supreme court will grant only a fair amount for necessary expenses, leaving the ultimate amount of the attorney’s fees to the final adjudication of the case.</p> <p>Divorce- — -Alimony—Suit Money — Allowance Pending Appeal. A sufficient showing is made for the allowance of alimony and suit money to a wife, pending the husband’s appeal from a judgment disposing of community property, where he has control of a' substantial amount of property and the wife is without means of support for herself and minor children, or for legal services.</p> <p>Same — Alimony—Amount. A wife who has been granted a divorce will, pending appeal, be allowed $100 per month alimony, and $150 per month for the care of a sick child, where it appears that the husband has possession of property of the value of over a quarter of a million dollars, and the wife is necessarily in another state for the treatment of the child under the care of a physician.</p> <p>Mount, Rudkin, and Fullerton, JJ., dissent.</p>