
    No. 165
    SWARTZ v. SWARTZ
    Ohio Appeals, 9th Dist., Summit County
    No. 820.
    Decided Oct. 12, 1923
    413. DIVORCE AND ALIMONY — Court of Appeals has no jurisdiction on error to grant temporary alimony in a divorce case in which divorce was granted by lower court.
    ■ Attorneys — Rockwell & Grant, Akron, for the motion; C. G. Roetzel, Akron, contra.
   WASHBURN, J.

Epitomized Opinion

First Publication of this Opinion

Alma Swartz brought an action for divorce and alimony against William Swartz. The Common Pleas Court granted the divorce and also rendered judgment in favor of Alma Swartz for alimony. The proceedings in error were then filed by the defendant. During the pendency of these proceedings Alma Swartz filed a motion for temporary alimony in the Court of Appeals. The question presented to the Court was whether it had authority to make such an order for temporary alimony in an error proceeding. The coure held:

1. The Court of Appeals had no authority to grant temporary alimony, as the decree of divorce was not vacted by the appeal and consequently the applicant was no longer the wife of William Swartz.  