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71 Cal. 330

Larkin v. Larkin

California Supreme Court

Decided November 29, 1886

California Supreme Court · decided 1886-11-29

<p>Divorce—Appeal by Wife—Costs and Counsel Fees.—The Superior Court has power in an action of divorce after an appeal has been taken by the wife from a judgment rendered ajainst her to compel the husband to pay her a reasonable sum of money for costs and counsel fees with which to prosecute the appeal.</p>

Relies on Ex parte Winter

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-29

How this case has been cited

Cited by 11 later decisions — most recently July 1958

11 state decisions

3018861890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sharpstein, J.

¶1— This is an appeal from an order made after final judgment in an action of divorce; The judgment was in.-favor.of.the plaintiff, and the defendant appealed from it and the order denying her. motion for a new trial to this court; After taking such, appeal she applied to the court below for- an order that the plaintiff pay to her, defendant,, a reasonable-, sum for costs and counsel fees with which to-, prosecute ■ her said appeal. The motion was heard on the affidavits of the respective parties, and an order made that the plaintiff pay the attorney of the defendant $175 as costs, of her said appeal. From that order this appeal is taken.

¶2In Ex parte Winters, 70 Cal. 291, it was held that the Superior Court had the power to make such an order and to enforce compliance with it.

¶3Appellant on this appeal insists that the facts before the court were insufficient to justify the order. As we *331view it, there is sufficient in the record to sustain the action of the court.

¶4Order affirmed.

¶5Thornton, J., McKinstry, J., and Morrison, C. J., concurred.

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