Crosslin v. Crosslin

• Decision Date: 03 August 1922
• Citation: 208 P. 402,35 Idaho 765
• Parties: EVA R. CROSSLIN, Respondent, v. JAMES CROSSLIN, Appellant
• Court: Idaho Supreme Court

208 P. 402

35 Idaho 765

EVA R. CROSSLIN, Respondent, v. JAMES CROSSLIN, Appellant

Supreme Court of Idaho

August 3, 1922

DIVORCE CASE-ORDER FOR 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 appealable order.

APPEAL from an order of the District Court of the Eighth Judicial District, for Kootenai County, W. F. McNaughton, Judge granting temporary alimony and suit money. Dismissed.

Original motion to quash order to show cause. Denied.

Original application for suit money on appeal. Granted.

Respondent's application for suit money and attorney fee in this court granted, and ordered that appellant pay to the clerk. As to other matters, respondents application denied.

Walter H. Hanson, for Appellant.

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 Idaho 556, 557, 10 Ann. Cas. 260, 86 P. 531; Id., 15 Idaho 107, 96 P. 431; Enders v. Enders, 34 Idaho 381, 201 P. 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; Enders v. Enders, supra.)

Potts & Wernette and J. Ward Arney, for Respondent.

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. (Enders v. Enders, 34 Idaho 381, 201 P. 714; Callahan v. Dunn, 30 Idaho 225, 231, 164 P. 356.)

MCCARTHY, J. Rice, C. J., and Budge, Dunn and Lee, JJ., concur.

OPINION

MCCARTHY, J.

Appellant 's motion to quash the order to show cause, heretofore issued out of this court, is denied. Respondent's motion to dismiss appellant's appeal from the order of the district court for temporary alimony, suit money and attorney fee is granted. Respondent's application for suit money and...