Berry v. Berry

<p>Abstract of the Decision.</p> <p>1. Husband and wife, § 267*—when decree for separate maintenance will not be disturbed. Where a decree for separate maintenance is entered upon conflicting evidence, it will not be disturbed on review, if there is sufficient evidence to support complainant’s contention.</p> <p>2. Husband and wife, § 249*—solicitors’ fees not excessive. An allowance of fifty dollars for solicitors’ fees in an action for separate maintenance is held not to be excessive, there being no question as-to the court’s right to make such an allowance.</p> <p>3. Ne exeat, § 8*—when objection to power of court to issue not preserved for review. Where an appeal bond does not recite an appeal from a distinct order for a writ of ne exeat, which was not questioned in the trial court, the question whether the issuance of such a writ was beyond the powers of the court because not within the letter of the statute was not saved for review.</p>