Burnham v. Tizard
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Wakeley, J. Necessaries are defined as “anything reasonable that the wife should enjoy.” (Attaioay v.' Hamilton, 3 C. P. Div., 393.) Legal services in divorce cases are necessaries for which the husband may be liable. (Porter v. Briggs, 38 la., 166; Gossett v. Patten, 23 Kan., 340; MeCurley v. Stockbridge, 50 Am.
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Error to the district court for Douglas county. Tried below before Wakeley, J. Necessaries are defined as “anything reasonable that the wife should enjoy.” (Attaioay v.' Hamilton, 3 C. P. Div., 393.) Legal services in divorce cases are necessaries for which the husband may be liable. (Porter v. Briggs, 38 la., 166; Gossett v. Patten, 23 Kan., 340; MeCurley v. Stockbridge, 50 Am. Rep., 229.) Nearly all the cases holding a contrary doctrine are where the wife was plaintiff in the divorce case. Where the husband seeks to have the marriage contract canceled, and, in doing so, attacks the…
1Per curiam
This is an action for services alleged to have been performed by the plaintiff as an attorney for the wife of the defendant in defending her in an action for a divorce.
A demurrer to the petition was sustained in the county court and also in the district court and the action dismissed. There is the following stipulation of facts in the record:
“ It is hereby agreed and stipulated by and between the parties hereto that the alleged legal services for which this action is brought were rendered to the wife of this defendant in error, in a divorce proceeding then pending in this court, wherein said…
2Cited by8 opinions
- Chambers v. ChambersNebraska Supreme Court · 1906
- Friedman v. FriedmanSupreme Court of Oklahoma · 1928
- Grimstad v. JohnsonMontana Supreme Court · 1921
- Lippincott v. LippincottNebraska Supreme Court · 1950
- Yeiser v. LoweNebraska Supreme Court · 1897
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