Wagner v. Wagner
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Henne-pin county, Young, J., presiding, making an allowance to plaintiff for counsel fees and expenses in an action for divorce.
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Appeal by defendant from an order of the district court for Henne-pin county, Young, J., presiding, making an allowance to plaintiff for counsel fees and expenses in an action for divorce. On December 12, 1884, the court filed its decision in the cause, directing “that the action be dismissed, reserving the right to plaintiff to make application for such additional allowance as may be necessary to defray the expenses of this litigation.” 'December 15, 1884, plaintiff served notice’ of motion for such allowance, and on the same day defendant caused judgment of dismissal to be entered.
1Opinion of the CourtVanderburgh, J.
This was an action for a divorce, which, after a trial upon the merits, was dismissed by the court, and judgment subsequently entered accordingly. After the entry of judgment, the court formally granted to plaintiff an allowance for counsel fees, and such expenses of the trial as were not covered by a previous allowance. It appears that the plaintiff contemplated making such motion during the progress of the trial, but at the suggestion of the court? and by consent of counsel, it was postponed, and the court, in its order dismissing the action, reserved “to the plaintiff the right to make…
2Cases cited6 opinions
- County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Wilde v. WildeNevada Supreme Court · 1866
- Newman v. NewmanIllinois Supreme Court · 1873
- Chestnut v. ChestnutIllinois Supreme Court · 1875
- Harrell v. HarrellIndiana Supreme Court · 1872
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3Cited by11 opinions
- Spratt v. SprattSupreme Court of Minnesota · 1921
- Johnson v. JohnsonSupreme Court of Kansas · 1896
- Schuster v. SchusterSupreme Court of Minnesota · 1901
- Baier v. BaierSupreme Court of Minnesota · 1903
- Akers v. AkersSupreme Court of Minnesota · 1951
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