In re Kelsey
Utah Supreme Court
Original application by Lewis P. Kelsey for a writ of habeas corpus. In our opinion, but two questions are presented for consideration: First — Was the judgment or decision of the court requiring the defendant in the case of Kelsey ,v. Kelsey to pay temporary alimony, suit money and counsel fees, appealable immediately by said defendant.
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Original application by Lewis P. Kelsey for a writ of habeas corpus. In our opinion, but two questions are presented for consideration: First — Was the judgment or decision of the court requiring the defendant in the case of Kelsey ,v. Kelsey to pay temporary alimony, suit money and counsel fees, appealable immediately by said defendant. Second— If it were so appealable, did the perfecting of said appeal and the filing of an undertaking to stay proceedings pending said appeal deprive the lower court of the power to-take any steps to enforce payment or satisfaction of the judgment or decision…
1Opinion of the Court
' KING, J.:
An action for divorce was brought against the petitioner by Sadie Kelsey. The petitioner specifically denied that *404there had been a marriage between him and the plaintiff. Upon application for temporary alimony and suit money, the court ordered that, until the further order of the court, defendant in the action should pay $40 per month to plaintiff, and that within 20 days from September 30, 1895, he should pay the further sum of $?5 suit money and $200 counsel fees. On the 1st day of October, 1895, said defendant filed and served in due form a notice of appeal from such order, and…
2Cases cited9 opinions
- Sharon v. SharonCalifornia Supreme Court · 1885
- Daniels v. DanielsSupreme Court of Colorado · 1886
- Ex parte PerkinsCalifornia Supreme Court · 1861
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
- Miller v. . MillerSupreme Court of North Carolina · 1876
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3Cited by7 opinions
- Snow v. SnowUtah Supreme Court · 1896
- Kapp v. KappNevada Supreme Court · 1909
- Ketchum Coal Co. v. Pleasant Valley Coal Co.Utah Supreme Court · 1917
- Rolando v. Dist. Court of Salt Lake CountyUtah Supreme Court · 1928
- Shurtz v. ThorleyUtah Supreme Court · 1936
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