54 Wis. 642 | Wis. | 1882
This was an action for divorce on the ground of. cruel and inhuman treatment. The circuit court found against the plaintiff on the proofs, and dismissed her complaint. The court further adjudged that the defendant pay the plaintiff the sum of $400, in addition to the suit money ■already paid, to reimburse the plaintiff’s attorneys for actual and necessary disbursements and reasonable fees in prosecuting the action. The appeal is from that part of the judgment ■making this allowance to the plaintiff on dismissing her com
In. divorce suits the circuit court has plenary power over the whole subject of these allowances, both before and after judgment; and this court has said that it would not interfere with the determination of the tidal court in the matter, unless there had been an abuse of discretion in making such allowances. Williams v. Williams, 29 Wis. 518; Downer, Adm’r, etc., v. Howard, 41 Wis., 82. The statute goes ón the theory of the wife’s dependence upon hér husband for the expenses of the litigation (Coad v. Coad, 40 Wis., 392), where she has no separate estate. In this case the court below found that the wife had no separate estate out of .which costs and disbursements could be paid, and that her actual cash disbursements amounted to $300. The court also found as facts established by the evidence, that neither party had been blameless in the treatment of the other; that both were persons of somewhat quick and hasty temper; and that the husband, on several oc
By the Cou/rt.— That part of the judgment appealed from is affirmed.