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ELLIOTT v. ELLIOTT

No. 36681.

279 P.2d 328 (1954)

Howard V. ELLIOTT, Plaintiff in Error, v. Vivian ELLIOTT, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 7, 1955.

Supplemental Petition for Rehearing Denied March 18, 1955.

Attorney(s) appearing for the Case

Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, C.F. Gordon, Muskogee, for plaintiff in error.

Johnson, Gordon, Cook & Cotter, Ted D. Foster, Jr., Oklahoma City, for defendant in error.

JOHNSON, Vice Chief Justice.

Vivian Elliott as plaintiff instituted an action in the trial court for separate maintenance against Howard V. Elliott, defendant.

On October 2, 1952, the court issued an order directing defendant to pay temporary alimony and "lying in expenses" in the sum of $400. On October 10, 1952, defendant filed a motion to vacate such order. On July 8, 1954, plaintiff filed a verified application for child support and attorney's fee which...

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