138 Ky. 309 | Ky. Ct. App. | 1910
Original Judgment by
April 22, 1910.
It is conceded that this court has no power to
As stated, the court did not'render any judgment for costs. It seems that matter was left open. Section 900, Ky. St., provides: “In actions for alimony and divorce, the husband shall ¡Day the costs of each party, unless it shall be made to appear in the action the wife is in fault and has ample estate to pay the same.” The lower court decided-that the wife was in fault, and we are unwilling' to disturb that finding; but the proof shows without contradiction that the wife has no estate with which to pay the costs. Therefore it is incumbent upon the court to adjudge that appellee shall pay the costs of the action in that court,which shall include a reasonable fee toher attorney. Turner v. Turner, 62 S. W. 1022, 23 Ky. Law Rep. 370; Schneider v. Schneider, 64 S. W. 845, 23 Ky. Law Rep. 1154; Steele v. Steele, 119 Ky. 466, 84 S. W. 516, 27 Ky. Law Rep. 120; McMakin v. McMakin, 87 S. W. 1140, 27 Ky. Law Rep. 1211.
For these reasons, the judgment of the lower court is affirmed.
Subsequent Opinion by
Appellant has entered a motion in this case asking this court to make an allowance f'or a reasonable attorney’s fee for her counsel for services rendered her in this court on the appeal.
In the opinion rendered on the appeal, we said that the lower court should render a judgment against appellee for the cost of the action and for a reasonable attorney’s fee in favor of counsel representing
For these reasons, the motion is. overruled.