In re Dole

*555OPINION OF THE COURT BY

FREAR, C.J. (Galbraith, L, dissenting in fart.)

The respondent, Eleanor G. Dole, by her next friend, brought a bill in equity for maintenance against her husband, the petitioner Edmund P..Dole, before the other respondent, the Circuit Judge, and incidentally prayed for costs, counsel fee and temporary maintenance. After a hearing on a demurrer to the bill for want of jurisdiction and on an order to show cause why temporary maintenance, &c., should not be granted, the Judge, held that equity had jurisdiction and ordered the petitioner herein to pay certain sums for costs…