Brooks v. Brooks

The decree appealed from awarded a divorce to the wife after a marriage of about six months. It also awarded permanent alimony of $6,000 to the wife and substantial counsel fees to her solicitor. The alimony was ordered paid at the rate or $500 per month.

The record shows that long before this case was heard before this Court on oral argument, the full amount of the permanent alimony and attorneys’ fees had been paid to the wife and her solicitor.

It is a fundamental principle that one may not accept the fruits of a decree and at the same time appeal from it. This rule applies in appeals from…