Busch

In an action for divorce, plaintiff and respondent procured an order on March 11, 1927, that defendant and appellant pay her $1,000 per month temporary alimony, $1,000 suit money, $7,500 attorneys’ fees and $3,600, the purpose of this $3,600 payment not being stated in the order. Notice of appeal from this order was filed March 17, 1927. Thereafter on April 21, 1927, respondent secured a further order that appellant pay her $1500 counsel fees and $200 suit money to ’ enable her to resist the appeal from the prior order. From this second order appellant also appeals. The two appeals have been presented together.

Appellant’s claim that these orders were erroneous because it appeared that respondent had sufficient means of her own to enable her to support herself and prosecute the action may be briefly disposed of. Respondent’s property consisted of the home in which she was living with its furnishings, an automobile, personal jewelry and a few shares of stock. The income from the stock was shown to be abont eight dollars per year and none of the other property was income producing. “Where the wife is the owner of non-income-producing property, the law does not require her to have…