On August 7, 1959, the appellee was granted a divorce from the appellant and was awarded the custody of their two minor children. The court awarded the appellee $125 per month as alimony and $125 per month as support and maintenance for the two minor children. The appellee was granted the use of the home and furniture and the decree further provided that the appellee was to pay out of the $250 awarded to her the monthly installment of $75 on the notes on the house; that the ap-pellee was to keep the minor children within the Jurisdiction of the court and was prohibited from removing said children beyond the jurisdiction of the court unless prior application was made to the court and permission granted. Appellee was allowed $200 to apply on her attorneys’ fees. Prom this decree the appellant appeals and the appellee cross-appeals.
We have carefully considered the evidence in this case and find that the chancellor was amply justified in rendering this decree. The appellee’s motion for the allowance of attorneys ’ fees in this Court in the amount of $100 is sustained. It follows that since we find no merit in the appeals, the case is affirmed on direct and cross-appeal.
ON SUGGESTION OF ERROR
The suggestion of error argues that it was error to sustain appellee’s motion for allowance of attorneys’ fees in this Court in the amount of $100. That sum is one-half of the fee allowed by the chancery court, and is in accord with our long-established practice. See Aldridge v. Aldridge,
However, appellant says that since appellee, who made the motion for additional attorneys’ fees on appeal, filed no brief in support of it, the motion should have been dismissed. Rule 16 of this Court provides that, if counsel is not present and has no brief filed when the motion is called, it shall be dismissed. Lewis v. Lewis,
Suggestion of error overruled.
