Page:North Dakota Reports (vol. 2).pdf/135

 The opinion of the court was delivered by

COBLISS, C. J. The jurisdiction of the district court to make the order appealed from is questioned by this appeal. The proceeding of which this order was the culmination was evidently instituted under chapter 167 of the Laws of 1890 by the plaintiff to compel her husband to support her and their children living with her. No summons was ever served or issued. A petition was presented to the district court, and upon that an order to show cause was made and served upon the husband On the return day of the order to show cause, the husband appeared specially by counsel, and objected to the jurisdiction of the court over his person, for the reason that no proper steps had been taken to subject his person to such jurisdiction. The objection was overruled, and, no cause being shown, the order appealed from was made requiring the husband to pay his wife $25 per month for her support and maintenance, and $35 as an attorney's fee. It appears to have been tho view of the trial court that this statute was intended to provide a summary method-one that would bring to the wife speedy relief where the husband had failed in his duty of support; and that, therefore, it was not intended that the dilatory proceeding by action should in such cases be resorted to. But in actions for divorce the wife need not wait until the final decree for relief. It is seldom that she does so wait. Temporary alimony is allowed pendente lite. An order to show cause may be secured and served with the summons, and as speedy a hearing had as could be and was had under this statute in this case, giving it the construction placed upon it by the trial court. It is true that permanent support cannot be decreed until after trial. But we must assume that the court will allow what is just pendente lite, and this is all the wife should receive. There was therefore no need of a more speedy remedy. But it was important to settle the question in this jurisdiction whether an independent proceeding could be instituted to compel the performance by the husband of his duty to provide for his wife and children. Many authorities-unquestionably the greater number-hold that no such action can be maintained; that the power of the court to compel by its decree a husband to care