Smith v. Smith
Opinion
Lead Opinion
Langdon, J.
This matter comes before us upon a petition for a writ of supersedeas.
Plaintiff was awarded a decree of divorce from the defendant in 1918, by the terms of which defendant was ordered to pay plaintiff $10 a week for the care and maintenance of herself and her minor child until said child reached the age of eighteen years. On August 4, 1926, the child reached the age of eighteen years. Within a few days plaintiff made a motion in the superior court to modify said final decree of divorce, which motion was granted and defendant was ordered to pay $150 a month to plaintiff. This order was modified later so as to require the payment by defendant of $100 a month for three years and then $50 a month for three years. Prom this order defendant has appealed and has stayed the execution thereof by filing an undertaking on appeal. Pending the appeal plaintiff moved for an order granting her $100 a month temporary alimony and $250 attorney’s fees and $50 for the cost of printing incident to the defense of the maintenance order upon appeal. This motion was granted, and from this order defendant also appealed, filing an undertaking upon appeal to stay execution.