75 Pa. Super. 112 | Pa. Super. Ct. | 1920
Opinion by
The appellant brought an action for divorce against the appellee, who presented a petition for an allowance for counsel fees and maintenance, during the pendency of the proceeding. The court granted a rule to show cause why an allowance should not be made, the parties took testimony, and, after a hearing, the court made an order that'the appellant pay to his wife the sum of $150 for counsel fees and costs incident to the proceeding and $50 a month for her maintenance. The libellant appeals from that order.
No final decree has been entered in this case and the appellee is not attempting to collect money for her maintenance after the termination of the proceeding in the court below. It is not contended that the monthly allowance for the maintenance of the wife, during the proceeding, exceeds one-third of the income of the appellant. The court below found upon sufficient evidence, that the wife was without property, that she had not the means necessary for her support. The appellant relies upon what he alleges was an agreement between him and his wife to live separate and apart, under the provisions of which he had agreed to pay to her a monthly sum less than that awarded by the court. The appellant in his testimony stated that the written agreement was only a temporary arrangement and that the circumstances in which it was to be effective had ceased. We have examined the agreement and there can be no doubt that the appellant’s interpretation of it, when he was testifying, was correct. The written agreement recited that the appellant had left his wife, it did not suggest that she had agreed to the separation. The agreement cove
The order of the court below is affirmed and the appeal dismissed at the cost of appellant.