Lewis v. Lewis

Summary

The Washington Supreme Court considered whether a superior court retains jurisdiction after an appeal has been perfected in a divorce action to award the wife attorney’s fees, suit money, and alimony pending appeal. The court held that the superior court retained such jurisdiction because these matters were collateral to, and not embraced in, the judgment under appeal, and affirmed the order.

Holdings

1. The superior court retains jurisdiction and power, after an appeal has been perfected in a divorce action, to determine and award attorney's fees, suit money, and alimony pending the appeal when the matter is not part of or embraced in the original judgment.
2. An appeal from a collateral order awarding suit money and attorney's fees pending appeal does not bring before the Supreme Court issues involved in the principal divorce action, particularly where the appeal from the principal action has been dismissed.

Questions Presented

1. Whether a superior court retains jurisdiction after an appeal has been perfected from a divorce judgment to award the wife attorney's fees, suit money, and alimony pending the appeal.
2. Whether an appeal from a collateral order awarding attorney's fees and suit money brings before the Supreme Court issues involved in the principal divorce action.

Disposition

affirmed