Reed v. Reed

Plaintiff wife herein obtained a judgment of divorce. Defendant husband moved for a new trial. The motion was denied. From that denial defendant appeals of right.

The precise issue on appeal is whether a party to a divorce action may be denied the right to testify in the proceedings because of failure to comply with a local court rule. The rule provides:

"No testimony shall be taken in such matters, except by leave of the court, until the attorneys have certified that attorney fees are paid.”

In this case the trial judge enforced the rule against the defendant husband who apparently had not paid…