Parker v. Parker
Mississippi Supreme Court
Prom the chancery court of Lauderdale county. Hon. W. T. Houston, Chancellor. Appellant filed a bill against the appellee for a divorce. The defendant answered, denying the material allegations of the bill, and made her answer a cross-bill, alleging, as against the complaint, various grounds for a divorce. She prayed for alimony pendente lite, in a sum sufficient for her support, and an allowance for counsel fees and other expenses of the suit.
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Prom the chancery court of Lauderdale county. Hon. W. T. Houston, Chancellor. Appellant filed a bill against the appellee for a divorce. The defendant answered, denying the material allegations of the bill, and made her answer a cross-bill, alleging, as against the complaint, various grounds for a divorce. She prayed for alimony pendente lite, in a sum sufficient for her support, and an allowance for counsel fees and other expenses of the suit. She also prayed the court on final hearing to make a permanent allowance of alimony. The cross-bill was answered, and defendant made a motion for the…
1Opinion of the CourtCampbell, C. J.
We find no fault with the allowance by the court for the maintenance of the wife, but it seems to us that the allow*167anee for counsel fees is exorbitant. It is apparent that it was fixed on the basis of full compensation to her counsel for conducting her defense to the end of the litigation, and to result in the allowance to her of permanent alimony. This is premature. The allowance for means of defense should be limited by the necessity of the case and the reasonable cost of conducting the case of the wife; and, tested by this rule, the sum allowed for counsel fees should not have exceeded…
2Cited by8 opinions
- Massey v. MasseyMississippi Supreme Court · 1985
- Miller v. MillerMississippi Supreme Court · 1935
- Owen v. GerityMississippi Supreme Court · 1982
- BLOUNT v. BlountMississippi Supreme Court · 1957
- Rees v. ReesMississippi Supreme Court · 1940
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