Poeter v. Poeter

Van Winkle, A. M.

I am asked to advise an order annulling past-due alimony, and past-due maintenance for a child of the parties, both provided in an order duly made, pending this suit for divorce, under section 25 of our Divorce act, on the ground that the husband cannot pay these past-due sums. The application conies really in answer to a motion to have the husband adjudged to be in contempt for failure to comply with the order.

I must deny the application.

The jurisdiction of the court of chancery in matters of alimony in divorce suits is purely statutory. Alimony may he awarded pending a suit…