¶1On complaint of his wife, defendant and appellant was condemned to pay $5 per week for the support of the children, issue of his marriage with complainant.
¶2This was an order of the court, rendered,it is urged by the state, in accordance with Act 34 of 1902, p. 42.
¶3A part of that act authorizes proceedings in conciliation.
¶4Instead of imposing sentence at the first hearing, the court has the power to make an order, subject to change, directing defendant to pay from time to time a weekly sum for the term of one year.
¶5It is based in part on the consent of the defendant, as expressed in the statute.
¶6In the Mioton Case, 112 La. 180, 36 South. 314, and in the Gersdorf Case, 124 La. 547, 50 South. 528, the order of conciliation had been entered.
¶7The court held that it was premature to appeal therefrom.
¶8In the case before us for decision, the court had passed beyond that point, as the defendant had failed to comply with the first order. It was necessary to impose a fine.
¶9An appeal lies from this last judgment under the law creating the juvenile court.
¶10All appeals lie directly to this court.
¶11It was different when the decision in the Mioton Case was rendered. The appeal at that time was before the court having jurisdiction. under the general provisions of the Constitution.
¶12But now, as just stated, all appeals from the juvenile court are taken to this court.
¶13As the appeal is to this court, we must decline to dismiss the appeal on the motion of the state.
¶14We, none the less, cannot affirm the judgment before us for review, as in our opinion it is not rendered in accordance with law.
¶15The error is that, instead of condemning the defendant under the first law of the act, cited supra, 'by imposing a fine of $100 or less, or imprisonment, the court condemned the defendant to pay to the wife the sum of $7 per week for the term of one year. The *256court did not follow the statute in this respect.
¶16The court is authorized to impose a fine of $100 or less, as before stated.
¶17The first judgment was for support.
¶18The second judgment should be for the payment of a fine, etc. The way it reads both judgments are for support, and the latter is not more of a penalty than the former.
¶19There is another question raised by the defendant.
¶20The defendant had instituted suit for a divorce, and cited the complaining wife in the case before us for decision to return to the matrimonial domicile with the children.
¶21It presents the question whether the wife, who is summoned to return to the matrimonial domicile, and who, without cause, fails to comply, can be heard to complain, as does the wife Nin the pending case before us.
¶22It does seem as if she should answer in the court having jurisdiction in the divorce suit. That court is vested with jurisdiction in all matters relating to alimony.
¶23For reasons stated, it is ordered, adjudged, and decreed that the judgment appealed from is avoided, annulled, and reversed, and the defendant released from the payment of the amount of the judgment.