Baker v. Carter

The question before us is whether the defendant in an action for divorce can be compelled to comply with an order requiring him to pay temporary alimony and attorney fees, before he is entitled to a hearing on the issue of the existence of the marital relation, raised in his motion to dissolve such order. The controversy arose in the following manner:

On December 19, 1936, Ernestine Baker sued Billy Baker for divorce on the ground of habitual drunkenness and extreme cruelty. She alleged that she was his lawful wife and that they were married in Independence, Kan., on September 12, 1936; that…