Legal Opinion

Kaufmann v. Kaufmann

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 60PublishedCited by 6 opinions

Appeal, No. 60, April T., 1921, by defendant, from judgment of C. P. Allegheny County, April T., 1920, No. 1750, ordering payment of detectives’ fees, as costs, in the case of Selma J. Kaufmann v. Nathan Kaufmann. Petition for alimony, counsel fees and detectives’ fees. The facts are stated in the opinion of the Superior Court. The court having granted a divorce a mensa et thoro, in addition, made the following order from which the respondent appealed.

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Appeal, No. 60, April T., 1921, by defendant, from judgment of C. P. Allegheny County, April T., 1920, No. 1750, ordering payment of detectives’ fees, as costs, in the case of Selma J. Kaufmann v. Nathan Kaufmann. Petition for alimony, counsel fees and detectives’ fees. The facts are stated in the opinion of the Superior Court. The court having granted a divorce a mensa et thoro, in addition, made the following order from which the respondent appealed. “This case came on to be heard upon petition for alimony, counsel fees and expenses arising out of the above entitled case. “After a careful…

1Opinion of the Court

Opinion by

Keller, J.,

This appeal raises the question whether the court of common pleas has authority to order a respondent, against whom a decree in divorce a mensa et thoro has been entered on the ground of adultery, to pay the libel-*605lant for detective services paid or incurred by her before bringing her action in divorce.

There is no statutory authority in this State for the payment by the husband of a wife’s costs and expenses pending proceedings for divorce, but the courts under their equitable powers early adopted the practice of ordering such payment where the wife had no separate estate…

2Cases cited21 opinions

  1. Chappell v. ChappellCourt of Appeals of Maryland · 1898
  2. Breinig v. BreinigSupreme Court of Pennsylvania · 1856
  3. Lynn v. LynnSuperior Court of Pennsylvania · 1917
  4. Appeal of PowersSupreme Court of Pennsylvania · 1888
  5. Medlin v. . MedlinSupreme Court of North Carolina · 1918

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3Cited by6 opinions

  1. York v. YorkSuperior Court of Pennsylvania · 1932
  2. McClenen v. McClenen, Pennsylvania Court of Common Pleas, Philadelphia County1939
  3. Burns v. Birrell, Pennsylvania Court of Common Pleas, Bucks County1950
  4. Roush v. Roush, Pennsylvania Court of Common Pleas, Snyder County1929
  5. Troback v. Troback, Pennsylvania Court of Common Pleas, Luzerne County1930

1 more not listed; retrieve them via the Exa API.

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