Minnich v. Minnich

THE COURT.

An appeal from an order denying the motion of Gladys R. Minnich for an allowance to cover cost of preparing her appeals from the judgment entered in the above actions, together with alimony pending the appeals, and attorneys’ fees.

The first action was for separate maintenance brought by appellant, and the second was an action by which respondent sought a divorce from appellant on the ground of desertion. Judgment was entered against appellant in her action except that she was allowed the sum of $500 attorneys’ fees, and costs; but in the action by respondent judgment was entered in his favor.

Appellant upon filing her appeals from the judgments moved the court for an order requiring the payment of the further sums of $750 for attorneys’ fees, and $150, the estimated cost of preparing the record and her briefs on appeal. After a hearing, at which affidavits were read and witnesses sworn and examined, the motion was denied.

The appeals in the two actions were heretofore decided

(ante,

p. 1 [15 Pac. (2d) 804]). The judgments in so far as they denied a decree of separate maintenance and adjudged that respondent was entitled to a divorce on the

[182]

ground of desertion, were affirmed; but those portions thereof by which it was adjudged that appellant had no interest in the property described in the pleadings, were reversed and the causes remanded for a retrial of the latter question. It was further ordered that appellant recover her costs of appeal.

"While the trial court is authorized to make provision for the prosecution of an appeal by a wife

(Sheppard

v.

Sheppard,

161 Cal. 350 [119 Pac. 492]

; Locke Paddon

v.

Locke Paddon,