Bell v. Bell

Beduced to brief and simple phrase, the question presented is: Where a wife brings suit for divorce and alimony, obtains an ex parte order of reference to ascertain a proper allowance for temporary alimony and counsel fees, and pending such order the husband and wife become reconciled and resume cohabitation, can the court proceed, at the instance of her counsel and after the filing of a request by the wife for dismissal of the suit, disclaiming any wish for such allowance, to execute the reference and grant a decree against the husband for counsel fees?

Appellee seems to place main reliance…