Legal Opinion

Reilly v. Reilly

California Supreme Court

Decided June 29, 1882No. 8,102PublishedCited by 20 opinions

Motion in the Supreme Court by the appellant, for temporary alimony and counsel fees pending an appeal from a judgment of divorce in the Superior Court of Alameda County. Crane, J.

1Opinion of the Court

Thornton, J.:

This is a motion made in this Court for'alimony pending an appeal. We do not think any such jurisdiction is vested in this Court. Only appellate jurisdiction is conferred on this tribunal by the organic law defining its jurisdiction, and the jurisdiction invoked here is, in our view, original. It is true that power is also vested in this Court to issue all writs necessary or proper to the complete exercise of its appellate jurisdiction. But no writ is necessary or proper here. The appellate jurisdiction can be exercised without it. The power over this matter is vested in the…

2Cited by20 opinions

  1. Lerner v. Superior CourtCalifornia Supreme Court · 1952
  2. Shors v. ShorsSupreme Court of Iowa · 1906
  3. Prine v. PrineSupreme Court of Florida · 1895
  4. Bohnert v. BohnertCalifornia Supreme Court · 1891
  5. Ex Parte LohmullerTexas Supreme Court · 1910

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