126 Ga. 437 | Ga. | 1906
Whenever an action of divorce is brought by either party, the judge is authorized to grant to the wife temporary alimony, including expenses of litigation. Civil Code, § 2457. This may be also done upon proper application by the wife when there is- no action for divorce pending. Civil Code, § 2467. In either event the judge may inquire into the cause and circumstances of the separation, and in Iris discretion may refuse the application for alimony altogether. Civil Code, § 2460. Counsel fees allowed to the wife under such circumstances, or "suit money” as they are sometimes called, are allowed as necessaries to the wife, and she is authorized to pledge her husband’s credit for the same. 2 Bishop on Marrage, Divorce, and Separation, 973; 2 Nelson on Divorce and Separation, § 876. In Sprayberry v. Merk, 30 Ga. 81, Judge Stephens said, "It is worthy of remark that counsel fees are allowed as part of her necessary maintenance, and are allowed before it is ascertained whether she has valid grounds of divorce or not.” See also Killiam v. Killiam, 25 Ga. 186; Weaver v. Weaver, 33 Ga. 172. In some instances counsel fees have been allowed although temporary alimony was refused. 2 Nelson on Divorce and Separation, § 824. But in all cases the allowance both of alimony and counsel fees, or the allowance of one and the disallowance of the other, is a matter addressed to the sound discretion of the judge after an examination into the causes of the separation and the
Judgment affirmed.