Williams v. Williams

Citations

• 6 S.D. 284
• 61 N.W. 38
• 1894 S.D. LEXIS 155

Syllabus

<p>1. When an appeal is taken from a judgment and an order denying a new trial, and also from another appealable order, this court will presume the appeal was intended to be taken from the judgment and order denying the new trial, and treat the appeal from the independent order as surplusage. The case of Hackett v. Gunderson, 47 N. W. 546, 1 S.. D. 479, distinguished.</p> <p>2.' An order for temporary alimony and counsel fees does not involve the merits of the action, or necessarily affect the judgement, and cannot be reviewed as an intermediate order on an appeal from the judgment and order denying a new trial.</p> <p>3. A circuit judge holding court in another circuit upon the request of the judg’e of the same may continue the term, and conclude the trial of causes he has been requested to try or the unfinished business at an adjourned term of said court.</p> <p>4. Where a divorce is granted to the wife, the court may, in its discretion, under the provisions of section 2584, Comp. Laws, make a suitable allowance to be paid to her by the husband in a gross sum, instead of monthly or annual payments.</p> <p>5. Where, in an action for a divorce, it appears that the real and personal p7'operty of the husband does not exceed §56,700 in value, an allowance to the wife, without children, for her support and maintenance, of the sum of-§30,000, to be paid to her in a gross sum, in addition to §3,000 temporay alimony and counsel fees,-is, under thS circumstances of this case, excessive.</p> <p>6. A husband, in an action for a divorce, who neglects or refuses to pay the temnorary alimony and counsel fees which he has been ordered to pay to the wife by the court, is not in a position to entitle him to a reversal or modification of the judgment for permanent alimony on an appeal therefrom to this court, so long as such order is unappealed from and operative.</p> <p>(Syllabus by the Court.</p>