Newell

The petitioner has applied to this court for a writ of mandate to compel the entry of a final decree of divorce in an action wherein Kate E. Newell is plaintiff and the petitioner, William D. Newell, is defendant. On the eighteenth day of November, 1912, in the superior court. of Los Angeles County, an interlocutory judgment was entered in said action whereby it was determined that the plaintiff was entitled to a divorce and it was ordered that the defendant pay to the plaintiff a certain monthly allowance for her maintenance and support until the further order of the court. Immediately thereafter the defendant appealed to the supreme court from that portion of the interlocutory decree which provided for the maintenance and support of the plaintiff. That appeal is pending in this court pursuant to an order of transfer from the supreme court.

In response to an alternative writ issued in this proceeding, the respondent judge of the superior court states that, on the thirtieth day of November, 1914, he denied the motion of petitioner for entry of a final decree of divorce in said action and that such denial was on the ground that an appeal from the interlocutory decree of divorce…