Brown v. Brown

STEPHENS, Associate Justice.

1. In his answer to the rule to show cause why he should not be adjudged in contempt for failure to comply with the maintenance order issued by this court on September 21, 1940, the appellee asserts that the court is without jurisdiction to grant maintenance to a wife pending appeal in a matrimonial proceeding, and on that basis moves to vacate the rule. The point is not well taken. There is no direct authority in this jurisdiction in respect of the power of this court to issue a maintenance order, as distinguished from an order for counsel fees, pending appeal,…