Molloy v. Molloy
Supreme Court of South Carolina
Before Hon. Edw. McIvEr, special Judge, Charleston, Action for alimony by Agnes E. Molloy against T, L. Molloy. From an order granting plaintiff’s motion for temporary alimony and counsel fee, defendant appeals. cite: 10 Rich. Eq. 173; 91 S. C. 246; 94 S. C. 204; 69 S. C. 125. submit: An order granting alimony pendente lite and counsel fees is within the discretion of the trial.
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Before Hon. Edw. McIvEr, special Judge, Charleston, Action for alimony by Agnes E. Molloy against T, L. Molloy. From an order granting plaintiff’s motion for temporary alimony and counsel fee, defendant appeals. cite: 10 Rich. Eq. 173; 91 S. C. 246; 94 S. C. 204; 69 S. C. 125. submit: An order granting alimony pendente lite and counsel fees is within the discretion of the trial. Judge, and will not be disturbed unless it is shown that such discretion has been abused: 80 S. C. 277; 61 S. E. 442; 84 S. C. 9; 65 S. E. 831; 91 S. C. 245; 74 S.-E. 360; 94 S. C. 204; 77 S. E. 865; 95 S. C. 130; 78…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is an action for alimony, begun by service of a summons and complaint, the complaint being afterwards amended. The defendant demurred to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action. Pending a hearing on the demurrer motion was made before his Plonor, Special Judge Edward Mclver, for temporary alimony and counsel fee. His Honor granted the application, and this appeal is from his order.
Appellant in his argument says:
“While there are three exceptions, they raise a single…
2Cases cited2 opinions
- Levin v. LevinSupreme Court of South Carolina · 1904
- Gordon v. GordonSupreme Court of South Carolina · 1912
3Cited by1 opinion
- Leysath v. LeysathSupreme Court of South Carolina · 1924