Smith v. Smith

Ohio Court of Appeals

Smith v. Smith

90 N.E.2d 174, 55 Ohio Law. Abs. 449, 1949 Ohio App. LEXIS 829

CourtOhio Court of Appeals

DecidedSeptember 30, 1949

DocketNo. 2061

StatusPublished

Cited by1 cases

This text of 90 N.E.2d 174 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 90 N.E.2d 174, 55 Ohio Law. Abs. 449, 1949 Ohio App. LEXIS 829 (Ohio Ct. App. 1949).

Pincite

Opinion

OPINION

By THE COURT:

Submitted on motion of the appellant for an allowance of temporary alimony, support of her minor children, and expenses of the suit during the pendency of this appeal.

Sec. 11994 GC provides that when an appeal is taken to the Court of Appeals, that court may grant alimony and support during the pendency of the appeal. The word “appeal” as used in this section has been construed to mean an appeal on law and fact. In an appeal on questions of law, which this is, the Court of Appeals does not have jurisdiction to grant temporary alimony. This Court, as recently as March 25, 1949, in Rogers v. Rogers, in the Court of Appeals of Fayette County, in an unreported opinion, denied an application for temporary alimony. The Court approved and followed the case of Davis v. Davis, 41 Abs 189, 57 N. E. (2d) 701. See also Dann v. Dann, 71 Oh Ap 110, 48 N. E. (2d) 140.

Application denied.

MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By THE COURT:

Submitted on motion of the appellant for an allowance of temporary alimony, support of her minor children, and expenses of the suit during the pendency of this appeal.

Sec. 11994 GC provides that when an appeal is taken to the Court of Appeals, that court may grant alimony and support during the pendency of the appeal. The word “appeal” as used in this section has been construed to mean an appeal on law and fact. In an appeal on questions of law, which this is, the Court of Appeals does not have jurisdiction to grant temporary alimony. This Court, as recently as March 25, 1949, in Rogers v. Rogers, in the Court of Appeals of Fayette County, in an unreported opinion, denied an application for temporary alimony. The Court approved and followed the case of Davis v. Davis, 41 Abs 189, 57 N. E. (2d) 701. See also Dann v. Dann, 71 Oh Ap 110, 48 N. E. (2d) 140.

Application denied.

MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 N.E.2d 174, 55 Ohio Law. Abs. 449, 1949 Ohio App. LEXIS 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-ohioctapp-1949.

Opinion

Related

Cite This Page — Counsel Stack