Stewart v. Stewart

Appeal from Order Denting New Trial—Order Overruling Demurrer to Cross-Complaint.—An order overruling a demurrer to a cross-complaint is not reviewable on an appeal by the plaintiff from an order denying a new trial.

Id..—Divorce—Denial of Application for Costs.—In an action for a . divorce, an order denying the wife’s application for costs is appeal-able.

Id.—Alimony and Costs—Discretion—Necessity of Allowance.— The awarding of alimony or costs to the wife in an action for divorce is not a matter of right, but is one resting in the sound discretion of the trial court, but before any allowance is made the wife must show the necessity of the award.

Id.—Costs of Subpoenaing Witnesses and Taking Depositions— Refusal to Disclose Purposes.—It is not an abuse of discretion for the court to refuse to make an allowance to the wife to cover the cost of subpoenaing some twenty-five or thirty witnesses and of taking the depositions of seventeen others, if the wife, at the time of her application, refuses to disclose the purposes for which they were to be called, in order to enlighten the court upon the question of the necessity of having such witnesses, or of her good faith in declaring that they were required.

Id.—Refusal of Continuance of Trial—Dismissal of Action.—After the trial court has refused an application for such costs, it acted properly in compelling the parties to proceed with the trial of the divorce action, notwithstanding the wife’s objection to so doing on the ground that she was without means to obtain witnesses by reason of such refusal; and upon her refusal to offer any testimony in support of her complaint, her action was properly dismissed.

Id.—Costs of Appeal—Discretion of Trial Court.—It is within the discretion of the trial court to make an allowance to the wife to cover the costs of an appeal from a judgment of divorce rendered against her. If the trial court is satisfied, from the record before it, that the proposed appeal is not undertaken in good faith, or with reasonable belief that it has merit, the application should be denied.