Cline

This appeal is from an order allowing plaintiff attorney’s fees, costs on appeal, and support pending appeal. Judgment was entered December 6, 1930, granting a divorce to the husband and giving to the plaintiff certain furniture by agreement, and awarding to her the sum of $2,000 found upon the trial to be her separate property. Defendant immediately upon the entry of judgment tendered to plaintiff the $2,000 and the tender being refused, deposited the same in court subject to plaintiff’s order. He also tendered the furniture awarded to her by the judgment. Plaintiff appealed from the judgment and from the whole thereof and, thereafter, obtained the order for costs on appeal, from which the present appeal is taken.

Two general contentions are made by defendant: (a) that it was the right and duty of plaintiff to accept the $2,000; (b) that having received the '$2,000 she would have available means for prosecuting her appeal without the necessity of obtaining the order here under review.

The plaintiff’s position is that to accept the $2,000 would prevent her from appealing from the judgment and also that if she did accept the $2,000 the order would nevertheless be a necessary and…