Shelton v. Pendleton
Supreme Court of Connecticut
This was an action of debt on book ; which was referred to auditors, who reported the following facts. The plaintiffs are attorneys and counsellors at law, residing at New-Haven ; and their account was for professional services rendered and for disbursements made, by them, in the prosecution of a petition for a divorce, in behalf of Lucy A. Pendleton, against her husband, the defendant.
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This was an action of debt on book ; which was referred to auditors, who reported the following facts. The plaintiffs are attorneys and counsellors at law, residing at New-Haven ; and their account was for professional services rendered and for disbursements made, by them, in the prosecution of a petition for a divorce, in behalf of Lucy A. Pendleton, against her husband, the defendant. In October 1844, she, being then the lawful wife of the defendant, preferred her petition against him to the superior court, praying for a divorce, for alimony and the custody of their four minor children.…
1Opinion of the Court
Church, Ch. J.
The plaintiffs are attorneys and counsel-lors, who, at the request and retainer of the defendant’s wife, prosecuted, on her behalf, a petition for a divorce from him, *421for a legal and sufficient cause, connected with a prayer for alimony and the custody of minor children. The petition was. fully granted.
The claim of the plaintiffs now is, to recover of the defendant, the husband, their reasonable disbursements and fees in the prosecution of that petition.
There was no request or assent, in fact, by the defendant, that his wife should proceed against him, or should employ counsel.
Th…
2Cited by43 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- Englebert v. TroxellNebraska Supreme Court · 1894
- Conant v. BurnhamMassachusetts Supreme Judicial Court · 1882
- Munson v. WashbandSupreme Court of Connecticut · 1863
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