Banks v. Banks

1. Where a husband flies suit for divorce against his wife, and the latter, while the divorce suit is pending, flies a petition in the same court, to a regular term, for permanent and temporary alimony, the pendency of the divorce suit cannot be successfully pleaded as a bar to the award of temporary alimony. Civil Code, § 2976. The judgment complained of was supported by evidence, and will not be reversed.

2. The petition for alimony makes reference' to the pending divorce suit. Without deciding whether thereby the alimony proceeding becomes a cross-action or is incidental to the divorce…