State ex rel. Davis v. Superior Court for King County, 27743.

• Decision Date: 13 October 1939
• Docket Number: 27743.
• Citation: 200 Wash. 670,94 P.2d 478
• Parties: STATE ex rel. DAVIS v. SUPERIOR COURT FOR KING COUNTY.
• Court: Washington Supreme Court

94 P.2d 478

200 Wash. 670

STATE ex rel. DAVIS v. SUPERIOR COURT FOR KING COUNTY.

No. 27743.

Supreme Court of Washington

October 13, 1939

Department 1.

Divorce proceedings by Blanche E. Davis against Thomas H. Davis wherein Thomas H. Davis by cross-complaint sought an annulment. From a judgment annulling the marriage and awarding damages to plaintiff, the defendant appeals from that part of judgment awarding damages. On petition by defendant for a writ of prohibition to restrain the Superior Court for King County, Honorable Chester A. Batchelor, Judge from entering an order requiring defendant to pay to plaintiff support money and counsel fees.

Writ granted.

James G. Mulroy, of Seattle, and Chas. A. Cave, of Auburn, for relator.

Ralph A. Horr, of Seattle, for respondent.

MILLARD Justice.

This is an original petition to this court for a writ of prohibition to prevent the superior court for King county from entering an order requiring the relator to pay to the plaintiff, forty dollars monthly during the pendency of his appeal, in action entitled Blanche E. Davis v. Thomas H. Davis and to, also prevent that court from entering an order requiring the relator to pay to Blanche E. Davis three hundred dollars for suit money to enable her to resist the relator's appeal in the action just described.

The facts, as disclosed by the petition and the return thereto of the superior court, are as follows:

An action was commenced by Blanche E. Davis in the superior court for King county to obtain a divorce from Thomas H Davis. In his answer and cross-complaint Thomas H. Davis alleged that, without knowledge of the fact that the plaintiff was then the wife of another, he consented to marry her and that on or about October 3, 1938, a marriage ceremony purporting to unite Blanche E. Davis and Thomas H. Davis as husband and wife was performed in this state. He prayed that the purported marriage be annulled. Through their respective attorneys the plaintiff and defendant stipulated in open court that a decree of annulment should be entered. Judgment was entered pursuant to findings and conclusions of the court that by reason of the purported marriage the plaintiff had sustained damages in the amount of two thousand dollars and that that marriage should be annulled.

Defendant immediately gave notice of appeal from that portion of the judgment awarding recovery in the amount of two thousand dollars to the plaintiff and filed the required cost and supersedeas bond to perfect the appeal and to stay further proceedings upon the judgment.

On July 29, 1939, plaintiff filed a motion which came on for hearing August 4, 1939, Before respondent superior court for an order requiring defendant to continue to pay to plaintiff support money of forty dollars monthly until disposition of his appeal; and that the defendant be, also, required to pay to the plaintiff three hundred dollars to enable her to resist in this court the appeal of the defendant. Respondent superior court announced its intention to grant the motion, whereupon relator filed his petition, as above stated, in this court for a writ of prohibition to restrain respondent from entering such order.

The statute, Rem.Rev.Stat. § 984, provides that any person who has been a resident of this state for one year may file his or her complaint for a divorce or a decree of nullity of marriage, in the superior court of the county where he or she may reside, and like proceedings...