Millar

Two appeals involving the same subject matter have been submitted together upon one set of briefs, and they will be considered in one opinion., In one, Joseph Etzel and Forest Lee Atkinson, sureties on an undertaking to stay execution of an order for alimony pendente lite appealed from a judgment rendered against” them in favor of Katherine A. Millar on said undertaking on September 23, 1918. The other is by said Katherine A. Millar from an order of the superior court of November 20, 1918, vacating and setting aside said judgment.

The original action was brought by a wife against her husband to obtain maintenance without divorce. The husband filed an answer and also cross-complaint in which latter pleading he sought to annul the marriage upon the ground of fraud. After the cause was at issue upon said cross-complaint the plaintiff moved for alimony pendente lite. The motion was granted and from the order the husband took an appeal and gave the undertaking in question. While this appeal was pending, the case was tried upon its merits and the marriage annulled upon the ground set forth in the cross-complaint. The wife appealed from this decree, but it was affirmed by the supreme…