235 P. 902 | Idaho | 1925
The respondent filed herein her motion for an order requiring appellant to pay the clerk of this court for her use and benefit certain sums of money to cover expenses, attorneys' fees and support and maintenance during the pendency of the appeal from the order denying chance of venue. She also asks certain additional sums to pay for medical attention and board and room rent already incurred. The motion was resisted by appellant on several grounds, one of which is that there is on deposit in the First National Bank of St. Maries, to the credit of respondent, the *626
sum of $3,000, which this court said, in Hay v. Hay, ante, p. 159,
Original jurisdiction in the matter of allowance for attorneys' fees, suit money and alimony pendente lite is vested in the district court, C. S., secs. 4642, 4653; and, as was said by this court in Callahan v. Dunn,
In view of the fact that there is in the St. Maries Bank a deposit of $3,000 to the credit of respondent, which she can secure by the presentation of a check therefor (Hay v. Hay,ante, p. 159,
William A. Lee, C.J., Budge, Givens and Taylor, JJ., concur. *627