Pennell

This is an application for a writ of prohibition to prevent the respondents from conducting any further proceedings on account of an order to show cause why the petitioner should not be punished for contempt of court for failure to pay attorney’s fees in a divorce action as ordered and adjudged by the respondent court.

It appears from the pleadings that an interlocutory judgment of divorce was granted by respondent court on December 28, 1925, wherein it was ordered as follows: “It is further ordered that W. C. Pennell pay to Duke Stone, Esquire, attorney for plaintiff, Alice Pennell, the sum of Two Hundred ($200) Dollars, attorney’s fees, payable forthwith.” Immediately thereafter the defendant in said action gave notice of motion to vacate the said judgment, including that portion thereof providing for the payment of attorney’s fees, on the ground that such provision was in excess of the jurisdiction of the court and void. This motion was denied, and the defendant was ordered to pay Duke Stone, attorney for plaintiff, the sum of $50 additional fees for appearance on the hearing of said motion. No appeal was taken. On August 29, 1927, an order to show cause, based upon the…