Elizabeth v. Duss v. J. S. Duss

STRUM. J. -- This is a suit in which a husband sued his wife for divorce, charging desertion. The defendant wife is appellant here. The complainant husband is appellee. The parties stipulated as to the sums to be paid appellant as temporary alimony and solicitor's fees, and an interlocutory order was entered requiring the payment of the sums so agreed upon ""during the pendency of this suit or until the further order of this (the Circuit) Court."" A demurrer to the bill of complaint was overruled and defendant answered. The cause was referred to a Master to take the testimony of the parties, and his report was filed on July 21, 1922. Complainant below, the husband, having set down the cause for final hearing, the defendant wife moved for and obtained an order staying the further progress of the cause because the complainant was then in arrears in the payment of alimony pendente lite. It was further ordered that defendant below should have forty days after payment of the past due temporary alimony in which to complete the taking of her testimony.