Tucker

This appeal presents the question of the propriety of an award of a wife’s attorney fee in a proceeding arising after entry of judgment of divorce.

The wife made a motion that defendant husband be held in contempt for violation of the custody order set forth in the judgment, as modified. The husband countered with a motion for modification of the custody and support provisions of the decree and that plaintiff be found in contempt. The motions came on together. Defendant was found guilty of contempt and sentenced to three days in jail, but sentence was suspended on condition that he return the children to plaintiff’s custody. Defendant’s motion was dismissed upon plaintiff’s application. The order made by the court on May 11, 1961, which disposed of these matters, also ordered defendant to pay to counsel for plaintiff “for services herein” the sum of $150 in installments. Of course, this award covered services upon both motions. Defendant appealed from same.

Plaintiff moved this court for dismissal of the appeal on December 13, 1962, based on the fact that the record was incomplete. The court dismissed the appeal as to the contempt phase of the order, which is not appealable.…