Schummer v. Schummer

This is an appeal from an order allowing the wife, a defendant in a divorce action instituted by the husband, an allowance to defend the action. The order is an appealable order. Section 166, Rev. Code 1919; Williams v. Williams, 6 S. D. 284, 61 N. W. 38; Drake v. Drake, 27 S. D. 329, 131 N. W. 294; Hesnard v. Hesnard, 45 S. D. 285, 187 N. W. 162. The order provides: “That as a condition precedent to the hearing of said cause the plaintiff pa)' to the defendant or her attorneys the sum of $100 as and for disbursements and expenses of trial.”

The appellant first complains of the order “for the…