Van Dyke v. Van Dyke
Supreme Court of Georgia
Attachment for contempt. Before Judge Lumpkin. Fulton superior court. March 21, 1905. Mrs. Alice M. Van Dyke filed her libel for divorce against her husband, E. A. Van Dyke. Pending the divorce suit and after the rendition of the first verdict, she applied for temporary alimony and expenses of litigation, including counsel fees. A rule nisi issued on the application, which, with the petition for temporary alimony, was personally served on the defendant.
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Attachment for contempt. Before Judge Lumpkin. Fulton superior court. March 21, 1905. Mrs. Alice M. Van Dyke filed her libel for divorce against her husband, E. A. Van Dyke. Pending the divorce suit and after the rendition of the first verdict, she applied for temporary alimony and expenses of litigation, including counsel fees. A rule nisi issued on the application, which, with the petition for temporary alimony, was personally served on the defendant. On the same day the libel for divorce was aniended by adding a prayer that defendant “be required by the judgment of said court to make and…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. It has been the constant practice of the courts to embrace counsel fees in the wife’s allowance for temporary alimony. These fees are allowed as being necessary to furnish the wife the means with which to test the sufficiency of the grounds contained in her libel for divorce. Sprayberry v. Merck, 30 Ga. 81. Expenses of litigation, which include counsel fees, are a part of the temporary alimony which the court may allow the wife in its order granting her temporary alimony. Civil Code, §2457. And it is generally held that the application for the payment of the…
2Cases cited6 opinions
- Lewis v. LewisSupreme Court of Georgia · 1888
- Sprayberry v. MerkSupreme Court of Georgia · 1860
- Crow v. American Mortgage Co.Supreme Court of Georgia · 1894
- Briesnick v. BriesnickSupreme Court of Georgia · 1896
- Lester v. LesterSupreme Court of Georgia · 1879
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3Cited by27 opinions
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- Goodrum v. GoodrumSupreme Court of Georgia · 1947
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