Allan v. Allan

The appellant, as plaintiff, commenced an action for divorce against his wife, the appellee, upon the grounds of desertion. The wife duly answered, denying the material allegations of fact, and moved for an order for alimony, attorney’s fees, and costs pending the litigation.

On August 12, 1918, the said motion was heard and denied. Therefore the plaintiff urged an immediate trial on the main case, and the defendant objected. The minutes of. the court thereupon recite as follows:

“By agreement and stipulation of counsel, it is ordered that the testimony of two witnesses be now taken, the same…