Hart v. Hart

Suit for a divorce, by the husband against the wife. On appearing, the wife asked for an allowance to enable her to defend the suit. The Court refused the allowance. Subsequently, before the final hearing, the plaintiff dismissed his suit, and there was judgment against him for costs.

The defendant then renewed her application for an allowance, and the Court ordered the plaintiff to pay her 100 dollars. The plaintiff excepted and appealed from the order.

The Court assumed to act, in making the order, under § 17, 2 R. S. pp. 236, 237. We do not think the section authorized the act of the Court.…