Pollock v. Pollock
South Dakota Supreme Court
Original application for alimony pending an appeal by applicant in an action for divorce. The facts are stated in the opinion. An application for suit money and temporary alimony may be made to the supreme court to enable a wife to prosecute her appeal and to support her pending a hearing of the same.
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Original application for alimony pending an appeal by applicant in an action for divorce. The facts are stated in the opinion. An application for suit money and temporary alimony may be made to the supreme court to enable a wife to prosecute her appeal and to support her pending a hearing of the same. Friend v. Friend 27 N. W. 34; Wagner v. Wagner, 30 N. W. 766; McBride v. McBride, 23 N. E. 1065; Bohnert v. Bohnert, 27 Pac. 732; Grant v. Grant, 5 S. D. 1. An allowance may be allowed to the wife to pay counsel for prosecuting an appeal. Vanduger v. Yanduger, 31 N. W. 956; Pleyton v. Pleyton,…
1Opinion of the CourtFuller, J.
The action for a divorce to which this original application for temporary alimony relates resulted in plaintiff’s favor, and an appeal taken by the defendant from a decree dissolving the marriage is now pending in this court. From the affidavits used in support of this motion, and from the abstract filed in the case appealed from the circuit court, it appears that appellant is without means other than a monthly allowance ordered by the trial court to be paid by respondent, for the support of his wife and their two children, of tender years, which amount she has continually refused, upon the…
2Cases cited1 opinion
- Grant v. GrantSouth Dakota Supreme Court · 1894
3Cited by3 opinions
- Mosher v. MosherNorth Dakota Supreme Court · 1907
- Holcomb v. HolcombWashington Supreme Court · 1908
- Wells v. WellsSouth Dakota Supreme Court · 1910