150 Minn. 271 | Minn. | 1921
This - is an action for divorce on the ground of cruel and inhuman treatment. Plaintiff is now 60 years old and defendant is 64. They were married 35 years ago and have three living sons, all grown men. The court found that plaintiff is not entitled to an absolute divorce, but gave judgment of separation from bed and board for the period of one year or until further order of the court. The judgment gave plaintiff $50 per month for support and maintenance. The court, on a preliminary motion, allowed $50 attorney’s fees and $50 suit money and in the judgment declined to allow any further sum for attorney’s fees. Plaintiff appeals.
Plaintiff takes exception to the failure of the court below to give judgment for attorney’s fees, and also makes application for the allowance of attorney’s fees and expense money in connection with the appeal.
We are of the opinion that plaintiff should have been allowed $300 for attorney’s fees by the trial court, from which should be deducted the $50 already paid.
An allowance is made of $300 for attorney’s fees in connection with the appeal and $400.40 for necessary expense shown in connection with the appeal.
The judgment of the trial court will be modified in accordance with this opinion, and judgment will be entered in this court for the allowance here made. No other costs will be allowed.
Judgment modified.