Benton

This is an original petition here for a writ of prohibition to restrain the respondent from taking any further proceedings on an order made in a certain action in his court of Elizabeth Benton, plaintiff, against T. 1ST. Benton (the petitioner herein), defendant.

. In October, 1896, Elizabeth Benton commenced an action against the petitioner herein, T. N. Benton, to procure a judgment and decree for maintenance and support—the said parties being husband and wife. In December, 1896, the action came on regularly for trial, and after a hearing the court, on the sixth day of January, 1897, rendered a judgment in favor of plaintiff herein, in which it was decreed that the defendant pay to plaintiff a certain sum of money for her permanent support and maintenance, and also a certain further sum for attorney’s fees, costs of suit, etc. During the trial the only attorneys for the defendant in that action were Messrs. Dudley and Buck. On the 3d of July, 1897, J. G. Swinnerton, Esq., attorney at law, filed and duly served a notice of appeal from said judgment to this court, and also filed a good and sufficient undertaking which stayed the enforcement of the judgment during the pendency of…