Smith v. Smith

Petitioner seeks a writ of supersedeas staying proceedings on an order, pendente lite, made by respondent superior court in a divorce action.

Respondent Loueille Rawleigh Smith and petitioner are husband and wife, having two minor children. The family has been residing in their home. Petitioner alleges that the home is community property; that is denied.

On May 13, 1941, said respondent commenced an action for divorce against petitioner in respondent superior court including therein a petition for temporary alimony, support for the children and to compel defendant to do certain things. After a…