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26 Kan. 178

Earls v. Earls

Supreme Court of Kansas

Decided July 15, 1881

Supreme Court of Kansas · decided 1881-07-15

Error from, Osborne District Court. Action for divorce, brought by Elizabeth M. Earls against Benjamin F. Earls. May 8, 1880, the judge of the district court made an order allowing the plaintiff $30 on account of her support, and $30 for the preparation of this suit, which order the defendant brings here for review.

Key passage — most relied on by later courts

““Its force is spent before any trial is had or any decision reached upon the merits of the case.””

quoted by 2 later decisions, including Ogg v. Ogg, Elmer Book v. Mary Book

Good law ✅— No negative treatment on recordhow we know

Decided 1881-07-15

How this case has been cited

Cited by 6 later decisions — most recently April 1958

6 state decisions

1018811890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Brewer J.:

¶2The single question in this case is, whether an order of the district court granting alimony, pendente lite, is reviewable in this court in proceedings in error, before the final disposition of the action in the district court. This question must be answered in the negative. Section 542 of the code prescribes what rulings and decisions of the district court may be reviewed in this court. The only clauses that can be supposed to have any application to this question are the first and third, which authorize this court to review a “final order,” and also “an order that involves the merits of an action, or some part thereof.” The order for temporary alimony is not a final order within the definition of such order given in § 543. Neither is it an order involving the merits of the action, or any part of it. It is simply an order preparatory to the trial, making provision for the trial. Its force is spent before any trial is had or any decision reached upon the merits of the case. The petition in error must therefore be dismissed.

All the Justices concurring.
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