State Ex Rel. Smith v. Lake Superior Court

This is an original action seeking to prohibit the trial court from allowing attorney fees to a successful wife in an appeal in a divorce case by her unsuccessful husband. The rule is established in this state that such an order is proper. Cirtin v. Cirtin (1928), 199 Ind. 737, 164 N. E. 493; Cirtin v. Cirtin (1928), 87 Ind. App. 457, 161 N. E. 709. The petition should therefore be denied as to the principal point presented.

There is, however, a second question raised. The cause was tried before Hon. Edgar J. Call, as Special Judge of the Lake Superior Court,- Room No. 4, and, upon proper…