Legal Opinion

Wyatt v. Wyatt

Idaho Supreme Court

Decided March 5, 1886PublishedCited by 12 opinions

APPEAL from District Court, Ada County. Pending proceedings for divorce, a proper ease of emergency being shown, may be enjoined from interfering with the custody of the children or of property in the possession of the wife. (Bose v. Rose, 11 Paige Ch. 166; Vanzant v. Vanzant, 23 Ill. 536; Errissman v. Errissman, 25 Ill. 136.) Temporary alimony must be limited to the actual wants of the wife.

Read the full summary

APPEAL from District Court, Ada County. Pending proceedings for divorce, a proper ease of emergency being shown, may be enjoined from interfering with the custody of the children or of property in the possession of the wife. (Bose v. Rose, 11 Paige Ch. 166; Vanzant v. Vanzant, 23 Ill. 536; Errissman v. Errissman, 25 Ill. 136.) Temporary alimony must be limited to the actual wants of the wife. (Ger-mond v. Germond, 4 Paige, 643.) Where the wife has a separate income, alimony for support denied. (Collins v. Collins, 2 Paige, 9; Denton v. Denton, 1 Johns. Ch. 364.) “The order for alimony merely…

1Opinion of the CourtBroderick, J.

This is an appeal from an order of the district judge, at chambers, awarding to the plaintiff alimony *237for support pending her divorce suit, and for counsel fees. The first question presented is whether this court has jurisdiction in this class of cases. It is conceded that the court here possesses no power in divorce suits except such as is conferred by statute. Congress has provided that writs of error, bills of exceptions, and appeals shall be allowed in all cases from the final decisions of the district courts to the supreme court of the territory, under such regulations as may be…

2Cases cited6 opinions

  1. Sharon v. SharonCalifornia Supreme Court · 1885
  2. Bacon v. BaconWisconsin Supreme Court · 1877
  3. Ex parte PerkinsCalifornia Supreme Court · 1861
  4. Cook v. CookWisconsin Supreme Court · 1882
  5. Chase v. IngallsMassachusetts Supreme Judicial Court · 1867

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

3Cited by12 opinions

  1. Parks v. ParksIdaho Supreme Court · 1967
  2. Taylor v. TaylorIdaho Supreme Court · 1921
  3. Shepard v. ShepardIdaho Supreme Court · 1972
  4. Kapp v. KappNevada Supreme Court · 1909
  5. State Ex Rel. Blackaby v. Cullison, JudgeSupreme Court of Oklahoma · 1912

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API