Ohio Court of Appeals, 1949

Deitsch v. Deitsch

Deitsch v. Deitsch
Ohio Court of Appeals · Decided September 28, 1949 · Wiseman, Miller, Hornbeck
92 N.E.2d 28; 86 Ohio App. 374; 41 Ohio Op. 448; 1949 Ohio App. LEXIS 644 (North Eastern Reporter, Second Series)

Deitsch v. Deitsch

Opinion of the Court

Wiseman, J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas, Division of Domestic Relations, of Franklin County.

Where, in an action for divorce and alimony, the court on application allows the wife alimony pendente lite under the provisions of Section 11994, General Code, and in the same entry orders the wife to surrender the possession of an automobile to a third party, such order is made without authority and constitutes reversible error. In such a proceeding the court is controlled by statute and is not authorized to exercise general equity powers. Durham v. Durham, 104 Ohio St., 7, 9, 135 N. E., 280; Marleau v. Marleau, 95 Ohio St., 162, 115 N. E., 1009. The judgment is reversed.

Judgment reversed.

Miller, P. J., and Hornbeck, J., concur.

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