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74 Tenn. 499

Burrow v. Burrow

Tennessee Supreme Court

Decided December 15, 1880

Tennessee Supreme Court · decided 1880-12-15

<p>Divoece. No allovxmee will be made. When. No allowance will be made the wife in a divorce suit by her, when it appears of record that the suit is without any just or reasonable foundation and cannot be sustained.</p>

Cited by 1 later decisions — most recently June 1951

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-12-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2'The complainant in this divorce case has moved *500for an allowance for her support pendente lite, and to defray the expenses of the suit.

¶3The courts of this State do make an allowance for these purposes in all proper cases. It has been held not to be a proper case where the wife has adequate means of her own for her support, and to defray the expenses of the suit. So, when her suit is without any just or reasonable foundation: Thompson v. Thompson, 3 Head, 527. “It would be unreasonable,” says Chancellor Walworth, “to compel the defendant to furnish the means of carrying on a suit which the court _ must see cannot be sustained ”: Wood v. Wood, 2 Paige, 454.

¶4Upon examining the record in this case, we think the suit is without any just or reasonable foundation,, and cannot be sustained.

¶5The learned counsel of the complainant may, by his argument on the final hearing, convince us that we are in error in this conclusion, but until then the application cannot be entertained.

¶6Motion rejected.

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