190 Ind. 528 | Ind. | 1921
— In August, 1918, during the summer vacation, preceding the September term of court, the appellee filed in the Superior Court of Lake county, Indiana, her complaint asking a divorce from the appellant on account of certain alleged acts of cruelty. Ten days later she filed her verified application for an allowance for her support pending suit, and appellant filed a counter affidavit, which he denominated a “plea in abatement to the petition for temporary alimony.” A demurrer to this “plea in abatement” was filed by the appellee, and on August 29, still in vacation, the court entered an order which, omitting certain details as to the time of making payments, was as follows: “Come now the parties hereto and the demurrer to the plea in abatement is by the court sustained, to which ruling of the court the defendant duly excepts, and the defendant, refusing to plead further, abides his pleading and the ruling on the demurrer. And the court now hears evidence on the application for temporary alimony, and being now duly advised in the premises, finds for the petitioner, granting her the sum of $6.00 per
The transcript and assignment of errors are not so prepared as to present any questions for review. They were not filed within the time allowed (before the enactment of Acts 1921 p. 741, §2) for taking an appeal from an interlocutory order.
The appeal is dismissed.