Mudd
Mudd v. Mudd
Opinion
Lead Opinion
Harrison, J.
The appellant brought this action for a divorce from the defendant, and, on the 19th of March, 1892, after the defendant had appeared in the action, but before she had answered the complaint, she made an application to the court for an order directing the appellant to pay to her temporary alimony pending the suit, and also a certain amount of money, “as counsel fees and court costs.” The court thereupon made an order directing the appellant to appear before it on the twenty-second day of March and show cause why the defendant’s application should not be granted. On that day the plaintiff appeared and objected to the hearing of the application for the reason that a notice of five days had not been given him, and upon this objection being overruled, asked for a postponement of the hearing on account of the necessary absence of his attorney, in support of which he filed the affidavits of himself and also of his attorney. The court denied this motion, and thereupon, under his objection, proceeded to a hearing of the application, and at its close made an order directing him to pay to the defendant “the sum of seventy-five dollars per month during the pendency of this action, as…