88 Mo. 135 | Mo. | 1885
James L. Clarkson, the relator, brought his suit for divorce against his wife in the Iron county
The only question before this court is, whether the St. Louis court of appeals has jurisdiction to make an order on the husband in a divorcee suit, pending an appeal in that court, to pay the wife the costs, and •counsel fees necessary for the prosecution of her appeal, in a case where the husband was awarded a decree of divorce in the court below. The St. Louis court of appeals has original jurisdiction to issue writs of habeas ■corpios, quo warranto, mandamus, certiorari, and •other original remedial writs, and to hear and determine the same, and also has a superintending control over all inferior courts of record in the counties embraced within its territorial jurisdiction. Sec. 2, art. 6, of the Constitution. Besides the original jurisdiction thus conferred its jurisdiction is appellate only. It is clear that the power to make siich an order, as we are asked to prohibit
By section 2179 the circuit court was fully empowered £ £ to decree alimony pending the suit for divorce * * * and enforce such order in the manner provided by law in other cases;” and we doubt not'but that the circuit court in granting an appeal to defendant in the divorce suit, could upon a proper showing have' made an order requiring the husband to pay her such reasonable sum as in the judgment of the court would enable her to prosecute'her appeal. We have in several instances, when the circuit court had failed to allow the wife temporary alimony to prosecute her appeal, refused to entertain motions asking us to make such allowance, holding that to do so would be exercising power not possessed by us either by virtue of our original or appellate jurisdiction. The writ of prohibition for these reasons will be and is hereby awarded as prayed for.