Gay
Gay v. Gay
Opinion
Lead Opinion
Lorigan, J.
This is an appeal from an order, made after judgment rendered in favor of defendant, requiring him to pay plaintiff certain amounts of money for her maintenance pending her appeal in the action to this court.
The action was commenced by plaintiff to obtain a divorce on the ground of extreme cruelty. Defendant answered denying the allegations of the complaint, and filed a cross-complaint asking that he be granted a divorce from plaintiff upon similar grounds. Pending the trial of the cause the court made an order requiring defendant to pay plaintiff two hundred and fifty dollars per month for her maintenance, and the cause having been subsequently tried, judgment was entered denying plaintiff’s application for a divorce, and an interlocutory judgment was rendered in favor of the defendant, declaring him entitled to a divorce upon his cross-complaint, and in such interlocutory judgment, among other things, it was decreed that the order theretofore made requiring defendant to pay alimony of two hundred and fifty dollars per month to plaintiff be vacated and set aside. This judgment was entered October 29, 1903.