Legal Opinion

Kapp v. Seventh Judicial District Court of the State of Nevada ex rel. County of Esmeralda

Nevada Supreme Court

Decided January 15, 1910No. 1868PublishedCited by 3 opinions

Original PROCEEDING. Certiorari by Charles F. Kapp against the Seventh Judicial District Court for Esmeralda County, Peter J. Somers, Judge thereof, and Margaret C. Kapp, to review an order for judgment, and the judgment thereon that Respondent Kapp have execution against relator to enforce payment of alimony pendente lite. The facts sufficiently appear in the opinion.

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Original PROCEEDING. Certiorari by Charles F. Kapp against the Seventh Judicial District Court for Esmeralda County, Peter J. Somers, Judge thereof, and Margaret C. Kapp, to review an order for judgment, and the judgment thereon that Respondent Kapp have execution against relator to enforce payment of alimony pendente lite. The facts sufficiently appear in the opinion. I. The certiorari does not lie, because the power to make an order for alimony pendente lite in a divorce action is conferred specially by section 507, Compiled Laws, and the power to enforce it is conferred specially by…

1Opinion of the Court

By the Court,

NoRcross, C. J.:

This is an original proceeding in certiorari to review a certain order for judgment and judgment to the effect that the respondent Margaret G-. Kapp have execution against the property subject to execution of the petitioner herein, and thereby to recover the amount of $2,100 due from petitioner herein to the respondent Margaret G. Kapp on account of unpaid alimony pendente lite, allowed by the court in the divorce proceedings, now pending, instituted by said respond*267ent Margaret G-. Kapp against petitioner herein, which said alimony pendente lite was at the rate of…

2Cases cited6 opinions

  1. Cleave v. BucherCalifornia Supreme Court · 1889
  2. State ex rel. Wilson v. ShivelyOregon Supreme Court · 1882
  3. Alden v. ClarkNew York Supreme Court · 1855
  4. Cameron & McKay v. YoungNew York Supreme Court · 1851
  5. United States v. EnsignMontana Supreme Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Redding & Company, Inc. v. Russwine Construction CorporationCourt of Appeals for the D.C. Circuit · 1969
  2. State ex rel. Tolls v. TollsOregon Supreme Court · 1938
  3. Edwards v. EdwardsSupreme Court of Kansas · 1958

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