Winter v. Superior Court

Foote, C.

The wife of Thomas P. Winter instituted against him an action for permanent support and maintenance. Pendente lite, the judge of the Superior Court to whom the cause had been assigned for trial made an order directing the payment to the wife of a sum of money as counsel fees. From that order the defendant took an appeal to this court, and pending that, applied to the court below to proceed with the cause on the day upon which it had been set for trial, said day having been specified before the order to pay counsel fees was made. This, it is alleged by him, the court refused to do,…