Kincheloe v. Merriman
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. Joseph W. Martin, Judge. A husband is not liable to an attorney employed by the wife to obtain a divorce for his fee, even where he obtains the divorce. 32 Ala., 227; 18 Conn.,417; 40 Conn., 596; 79 111., 254; 2 Ind., 630; 18 B. Mon., 514; 8 Cush. (Mass.), 404; 42 N. H., 478; Wright (Ohio), 120; 3 Head (Tenn.), 527; 15 Vt., 607; 3 Iowa, 97; Bish. Mar. & Div., 5th ed., vol. 2, sec. 391; Mansf.
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APPEAL from Faulkner Circuit Court. Joseph W. Martin, Judge. A husband is not liable to an attorney employed by the wife to obtain a divorce for his fee, even where he obtains the divorce. 32 Ala., 227; 18 Conn.,417; 40 Conn., 596; 79 111., 254; 2 Ind., 630; 18 B. Mon., 514; 8 Cush. (Mass.), 404; 42 N. H., 478; Wright (Ohio), 120; 3 Head (Tenn.), 527; 15 Vt., 607; 3 Iowa, 97; Bish. Mar. & Div., 5th ed., vol. 2, sec. 391; Mansf. Dig., sec. 2563 ; 30 Ark., 73. 1. A husband is liable to an attorney for his fee, who is employed by his wife to institute proceedings for a divorce, where the grounds…
1Opinion of the CourtHughes, J.
■Liability of busband for eyfia divorce ..proceeding, The appellee sued the appellant for an at-11 rr t°rney’s fee for services rendered the wife of appellant in counseling and advising her in reference to a suit which the wife contemplated bringing against the appellant for dissolution of the bonds of matrimony upon the ground of cruel and barbarous treatment of the wife by her husband. Appellee alleged in his complaint that it was absolutely necessary for the wife’s protection and safety that she should have legal advice. The contemplated suit for divorce was compromised, and not…
2Cases cited8 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Sprayberry v. MerkSupreme Court of Georgia · 1860
- Wing v. HurlburtSupreme Court of Vermont · 1843
- Dow v. EysterIllinois Supreme Court · 1875
- Glenn v. HillSupreme Court of Georgia · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Friedman v. FriedmanSupreme Court of Oklahoma · 1928
- Grimstad v. JohnsonMontana Supreme Court · 1921
- Zent v. SullivanWashington Supreme Court · 1907
- Aucoin v. AucoinSupreme Court of Arkansas · 1947
- Meyers & Batzell v. MoezieDistrict of Columbia Court of Appeals · 1965
8 more not listed; retrieve them via the Exa API.