Summary
In Philpott v. Philpott, 164 Okla. 266, 23 P.2d 641, we stated that where during the appeal the defendant was ordered to pay alimony to the plaintiff and such order was not complied with, this court may, in its discretion, dismiss the appeal.
Summary of this case from McDaniel v. McDanielOpinion
No. 22919
Opinion Filed June 13, 1933. As Corrected July 6, 1933. Rehearing Denied July 12, 1933.
(Syllabus.)
Appeal and Error — Dismissal — Failure of Plaintiff in Error to Comply With Court Order to Pay Alimony and Expense Money.
Where the plaintiff in error is ordered by the court to pay alimony and expense money and refuses to comply with the said order, the court may in its discretion dismiss the appeal.
Appeal from District Court, Hughes County; Geo. C. Crump, Judge.
Action for divorce by Lela Philpott against Joe Philpott. Judgment for plaintiff, and defendant appeals. Dismissed.
W.W. Pryor and Hugh M. Sandlin, for plaintiff in error.
Anglin Stevenson, for defendant in error.
This action was instituted in the district court of Hughes county, Okla., by the defendant in error, and on the 23d day of February, 1931, the court rendered judgment for the plaintiff and against the defendant below for divorce and ordered that $100 attorney fees be paid and $1,050 alimony.
Thereafter motion for alimony pending suit was filed in this court by the defendant in error, and on May 2, 1933, this court entered its order directing the plaintiff in error to pay the defendant in error $50 for expense money and $100 attorney fees within ten days from that date.
On May 16, 1933, a motion to vacate this order was filed and on May 31st thereafter the application to vacate the order was denied.
This court has held that when the plaintiff in error fails to obey the rules and orders of this court, the appeal will be dismissed.
The appeal is therefore dismissed.