Dimon v. Dimon

NOURSE, P. J.

Respondent moves for a stay of appellate proceedings until appellant complies with an order for costs and attorney’s fees pending appeal.

The parties were married in 1926 and have two children, a son, born November 24, 1928, and a daughter, born January 20, 1933. On September 14, 1945, when the wife resided in Connecticut she instituted a divorce action there, the husband being served by registered mail in New York. On March 1, 1946, the Connecticut superior court granted a divorce by default on the ground of intolerable cruelty, awarded the wife the care and custody of the children and $25 per week support for the children and $15 a week alimony. No appeal was taken.

On August 4, 1947, the wife filed in the San Francisco superior court a complaint, later amended to read for maintenance and support of minor children and for support of former wife, on the ground that the husband had not paid any support and that the Connecticut decree though final as to the divorce was without force as a judgment in personam against defendant because no jurisdiction of his person was obtained. Pending the action the wife remarried on August 31, 1948. The trial court on November 25, 1949, gave judgment for $1,950 support for the wife from the Connecticut decree till the remarriage at the rate of $15 per week but not based on the Connecticut decree; $1,850 for support of the children until the commencement of the action in San Francisco at the rate of $25 per week, and $37.50 per child per month for maintenance and support of the children from the commencement of the action during the minority of each child, and $500 costs. The cross-action of the husband need not be set out here.

The husband appealed and has not made any payments. On motion of the wife the superior court on September 15, 1950, made an order granting her $250 for costs and $750 for attorney fees on appeal and ordered that the $37.50 support money awarded for the daughter should be paid during the appeal or until her majority. It is the noncompliance with the latter order which is stated as the ground for the stay of the appeal from the judgment of Novémber 25, 1949. Mean

[192]

while the husband has also appealed from this order of September 15,1950.