Bennett v. Bennett
Supreme Court of the United States
ERROR TO AND APPEAL FROM THE SUPREME COURT OF THE ' TERRITORY OF OKLAHOMA. The question in this case is whether, in a suit for divorce, the defendant being in default for not answering within the time allowed by statute, a court may make it a condition of permission to answer that he comply with the order of the court directing him to pay temporary alimony and attorney’s fees.
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ERROR TO AND APPEAL FROM THE SUPREME COURT OF THE ' TERRITORY OF OKLAHOMA. The question in this case is whether, in a suit for divorce, the defendant being in default for not answering within the time allowed by statute, a court may make it a condition of permission to answer that he comply with the order of the court directing him to pay temporary alimony and attorney’s fees. It will avoid confusion to designate the parties as they were in the trial court, the appellee as plaintiff and the appellant as defendant. The plaintiff brought suit for divorce against the defendant in the District…
1Opinion of the CourtJustice McKenna
The assignment of errors attacks the decree of the Supreme Court because (1) the court decided or assumed that the defendant was in contempt for not complying with the order for temporary alimony. (2) In so holding or deciding, though defendant had not been cited to show cause why he should not be adjudged in contempt for not complying with the order. (3) (4) In affirming the action of the trial court refusing permission to defendant to answer to, or make defense against, the amended petition except on condition that he should comply in five days with the order for temporary alimony. (5) In…
2Cases cited1 opinion
- Hovey v. ElliottSupreme Court of the United States · 1897
3Cited by12 opinions
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- Viereck v. United StatesCourt of Appeals for the D.C. Circuit · 1944
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