Legal Opinion

Morgan v. Morgan

Court of Appeals for the D.C. Circuit

Decided April 11, 1905No. 209PublishedCited by 4 opinions

Hearing on a petition to tbis Court by tbe appellant in a divorce proceeding to require tbe respondent, tbe husband, to provide funds for tbe prosecution of an appeal granting a divorce.

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Hearing on a petition to tbis Court by tbe appellant in a divorce proceeding to require tbe respondent, tbe husband, to provide funds for tbe prosecution of an appeal granting a divorce. Tbe Court in tbe opinion stated tbe case as follows: Tbis is a petition asking this court to pass an order directing tbe respondent, Charles R. Morgan, to pay over to tbe petitioner, Fannie E. Morgan, a sufficient sum to enable her to prosecute an appeal from the decree of tbe supreme court of tbe District of Columbia, tbe same to cover tbe costs of a transcript of tbe record, and reasonable attorney’s fees.…

1Opinion of the CourtChief Justice Shepard

Whether this court, in the exercise of a sound discretion, has the power to order a husband, who is the appellee in a divorce proceeding, to pay to the appellant a sum of money reasonably sufficient to enable her to prosecute an appeal which has been perfected by filing a transcript, as required by the rules regulating appeals in general, is a question that is not involved in the consideration of the prayer of petitioner.

Assuming, without deciding, that the power may he exercised in such a case, we are of the opinion that we have no jurisdiction to exercise it in the case presented by this…

2Cited by4 opinions

  1. Harris v. HarrisDistrict Court, District of Columbia · 1937
  2. Tassie v. TassieNew Jersey Superior Court Appellate Division · 1976
  3. Jaffe v. JaffeCourt of Appeals for the D.C. Circuit · 1941
  4. Stein v. SteinCourt of Appeals for the D.C. Circuit · 1948

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