Elliott v. Elliott

JOHNSON, Vice Chief Justice.

Vivian Elliott as plaintiff instituted an action in the trial court for separate maintenance against Howard V. Elliott, defendant.

On October 2, 1952, the court issued an order directing defendant to pay temporary alimony and “lying in expenses” in the sum of $400. On October 10, 1952, defendant filed a motion to vacate such order. On July 8, 1954, plaintiff filed a verified application for child support and attorney’s fee which alleged the birth of a child subsequent to the institution of this action. Thereafter a hearing was had before the court at which evidence…