Commonwealth Ex Rel. Scherer v. Scherer

Opinion bx

Hirt, J.,

In this habeas corpus proceeding the relator sought to obtain possession of three children from his wife, the respondent. The court after hearing awarded custody of the children to him with the right however of visitation in the respondent. The present collateral proceeding originated in a petition by the wife for an order on the relator for the payment to her of a suitable sum (she asked for $500) with which to pay attorney fees. Relator in his answer averred that since counsel fees in a proceeding of this nature are not sanctioned by any statute, the petitioner is not…