Penney v. Penney

(dissenting). — On petition for a writ of certiorari presented under the provisions of Rule No. 34, an order is sought in this Court quashing an interlocutory order dated October 26, 1940, entered by the Circuit Court of Clay County, Florida. The order complained of: (a) awarded temporary alimony, suit money and counsel fees to the wdfe, plaintiff below; and (b) awarded the custody of two girls, nine and ten years of age, to the adopted mother.

The bill of complaint was filed on July 12, 1940, under Section 4988 C. G. L., and alleged that the defendant below was guilty of: (a) habitual…