Legal Opinion

Lesh v. Lesh

Court of Appeals for the D.C. Circuit

Decided April 7, 1903No. 1248PublishedCited by 21 opinions

Hearing on an appeal by tbe defendant from an order of be Supreme Court of tbe District of Columbia, sitting as m equity court, granting alimony- pendente lite and counsel fees, in a suit by a wife for maintenance; and also on a motion by tbe complainant, tbe appellee, to dismiss tbe appeal on tbe ground that tbe order appealed from was not an appeal-able order.

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Hearing on an appeal by tbe defendant from an order of be Supreme Court of tbe District of Columbia, sitting as m equity court, granting alimony- pendente lite and counsel fees, in a suit by a wife for maintenance; and also on a motion by tbe complainant, tbe appellee, to dismiss tbe appeal on tbe ground that tbe order appealed from was not an appeal-able order. Tbe Court in tbe opinion stated tbe case as follows: Tbis is a suit for maintenance, instituted in tbe Supreme Court of tbe District of Columbia by tbe appellee, Margaret A. Lesb, as complainant or petitioner against tbe appellant,…

1Opinion of the CourtJustice Morris

In this court a motion was made on behalf of the appellee to dismiss the appeal on the ground that the order in question is not an appealable order. But the motion was ordered to stand over until the final hearing of the appeal on its merits. We are of opinion that the motion is not well founded.

While on the one side it would seem that the allowance of appeal in such cases by the delay which it necessitates would tend to frustrate the purpose for which alimony pendente lite is allowed, which is to enable a wife deserted by her husband, and who, in contemplation of the common law, is…

2Cases cited10 opinions

  1. State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
  2. People v. GrayCalifornia Supreme Court · 1882
  3. Blake v. BlakeIllinois Supreme Court · 1875
  4. Chappell v. ChappellCourt of Appeals of Maryland · 1898
  5. Collins v. . CollinsNew York Court of Appeals · 1877

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

3Cited by21 opinions

  1. Melvin v. MelvinCourt of Appeals for the D.C. Circuit · 1942
  2. Tasanilla Hopson v. Delores Palmer HopsonCourt of Appeals for the D.C. Circuit · 1955
  3. Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
  4. Schneider v. SchneiderCourt of Appeals for the D.C. Circuit · 1944
  5. Howard v. HowardCourt of Appeals for the D.C. Circuit · 1940

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

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