Waters v. Waters
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The jurisdiction of our courts in matrimonial cases is limited by statute (Doyle v. Doyle, 26 Mo. 545), and neither our statutes nor former court practice authorize taxation of counsel fees either as costs or alimony. n. No case can be found holding that after dismissal of suit a court can arbitrarily set aside a judgment of dismissal or non-suit taken by plaintiff and allow counsel fees as costs.
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Appeal from Buchanan Circuit Court. I. The jurisdiction of our courts in matrimonial cases is limited by statute (Doyle v. Doyle, 26 Mo. 545), and neither our statutes nor former court practice authorize taxation of counsel fees either as costs or alimony. n. No case can be found holding that after dismissal of suit a court can arbitrarily set aside a judgment of dismissal or non-suit taken by plaintiff and allow counsel fees as costs. Attorneys at law in the courts of Missouri are allowed no fees which .are taxed as costs. They look to contracts made with their clients for remuneration for…
1Opinion of the CourtBliss, Judge
Pending a proceeding for divorce, defendant applied for an allowance of $80 as counsel fees for her defense. Before the application was passed upon, the plaintiff dismissed his petition, but the court proceeded to hear and decide the question, and allowed her counsel the sum of $40, which was taxed in the costs against the plaintiff.
By an enactment in 1868, our statute provides that the court may decree alimony pending the suit for divorce in all cases where the same would be just, whether the wife be plaintiff or defendant, and enforce such order in the manner provided by law in other cases.…
2Cases cited5 opinions
- Doyle v. DoyleSupreme Court of Missouri · 1858
- Daiger v. DaigerHigh Court of Chancery of Maryland · 1850
- Porter v. BobbSupreme Court of Missouri · 1857
- Morton v. MortonSupreme Court of Missouri · 1863
- Harshaw v. MerrymanSupreme Court of Missouri · 1853
3Cited by38 opinions
- Ruge v. RugeWashington Supreme Court · 1917
- Noll v. NollMissouri Court of Appeals · 1956
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
- Schenberg v. SchenbergMissouri Court of Appeals · 1957
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