Luitwieler
Luitwieler v. Luitwieler
Opinion
Lead Opinion
Sturtevant, J.
This is an appeal from an order restraining the defendant. The order was issued pending the hearing of a divorce ease. What cause of action is pleaded in the divorce case does not appear. The appellant has brought up the order, his notice of appeal therefrom, and the bill of exceptions. The order appealed from might more properly be termed five several orders all contained in one paper. We have inserted our own numbering, but otherwise the charging part of the orders is as follows:
The appellant concedes that the second order was within the power of the trial court. Therefore it is eliminated from attack. The third order appears on its face to be a permission granted to the defendant and was not adverse to him. The fifth order may also be said to be a permission granted to the defendant and not an order adverse to him. Therefore, we will address ourselves to orders one (1) and four (4). Those two orders are, in legal effect, a direction that the defendant forthwith deliver the outside door keys to the plaintiff and thereafter to remain away from the residence of the plaintiff until the further order of the court. From the bill of exceptions it appears that the residence mentioned…