Taylor v. Taylor
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Action for divorce. Order denying motion to continue cause for recovery of attorney fees and costs, and judgment dismissing the action.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed L. Bryan, Judge. Action for divorce. Order denying motion to continue cause for recovery of attorney fees and costs, and judgment dismissing the action. When there is an evident intention to cheat the attorney and to defraud him of his rights, the proper course for the attorney to pursue is to proceed with the suit in the name of his client, notwithstanding the collusive settlement, for the purpose of collecting his costs. (Hanna v. Island Coal Co., 5 Ind. App. 163, 51 Am. St. 263, 31 N. E. 840; 2 R.…
1Opinion of the CourtBudge, J.
On November 11, 1915, Clarinda Taylor, wife of B. Z. Taylor, commenced an action for divorce, and for a division of the property, temporary alimony, attorney fees and costs. A restraining order, enjoining her husband from encumbering, transferring or otherwise disposing of his property pending the action was prayed for, and at the same time she asked that a show cause order issue, directing him to appear and show why he should not pay temporary alimony, costs and attorney fees, both of which orders were issued by the court.
Before the day set for the hearing upon the show cause order, a…
2Cases cited10 opinions
- Donaldson v. DonaldsonIdaho Supreme Court · 1917
- Day v. DayIdaho Supreme Court · 1906
- Roby v. RobyIdaho Supreme Court · 1903
- Reynolds v. ReynoldsCalifornia Supreme Court · 1885
- Kiddle v. KiddleNebraska Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Embree v. EmbreeIdaho Supreme Court · 1963
- Hay v. HayIdaho Supreme Court · 1924
- Gifford v. GiffordIdaho Supreme Court · 1931
- Skelton v. SpencerIdaho Supreme Court · 1981
- Fleming v. FlemingNevada Supreme Court · 1937
11 more not listed; retrieve them via the Exa API.