Crosslin v. Crosslin

Divorce Case — Order eor Temporary Alimony and Suit Money — ■ Appeal. An order of the district court in a divorce case, granting temporary alimony, suit money and attorney fee, is not an appeal-able order. .

APPEAL from an order of the District Court of the Eighth Judicial District, for Kootenai County, W. F. MeNaughton, Judge, granting temporary alimony and suit money. Original motion to quash order to show cause. Original application for suit money on appeal. The court having jurisdiction of a divorce case will grant a cash allowance to the wife only where it appears that she is unable to finance her own side of the case and where it appears, upon a proper showing by the wife, that the husband has means with which to pay her living expenses and the costs of preparing for trial and trying the case. {Day v. Day, 12 Ida. 556, 557, 10 Ann. Cas. 260, 86 Pac. 531; Id., 15 Ida. 107, 96 Pac. 431; Enders v. Enders, 34 Ida. 381, 201 Pae. 714.) The appellant had the right to appeal from both orders and cannot be forced to come into this court prior to the time fixed by statute and by the rules of this court. (Secs. 7152, 7153, C. S.; Rule 26 of this court; Binders v. Binders, supra.) Although discouraging original applications in this court for suit money and counsel fees, pending suit, this court has properly entertained jurisdiction of this case, being one wherein the husband is appealing and attempting to leave the wife destitute of funds for support and for the prosecution of her action in the district court as well as in this court. (Binders v. Binders, 34 Ida. 381, 201 Pac. 714; Callahan v. Dunn, 30 Ida. 225, 231, 164 Pae. 356.)