Tracy v. Tracy

This is an appeal from an interlocutory-order striking out a wife’s application for temporary support for herself and children and for money to pay attorneys to prosecute her action for separation from bed and board brought pursuant to ch. 48 of the Acts of 1903. The husband persuaded the trial court that in such an action no order with respect to attorney fees and support may be made until final decree.

Such a holding ignores the words “practice and proceedings” (particularly the latter) in § 4 of the act, § 3-1231, Burns’ 1933, § 937 Baldwin’s 1934, reading:

“In granting a separation from bed…