Colvin v. Colvin

Citations

• 15 Wash. 490
• 46 P. 1029
• 1896 Wash. LEXIS 229

Syllabus

<p>DIVORCE — INABILITY TO LIVE PEACEABLY TOGETHER — ALLOWANCE OF ATTORNEY PEES.</p> <p>Code Proc., §764, subd. 7, providing that “a divorce may be granted upon application of either party for any other cause deemed by the court sufficient, and the court shall be satisfied that the parties can no longer live together,” lodges a discretionary power in the court which must be exercised in a\\SOund and legal manner so as to conduce to domestic harmony and the peace and morality of society.</p> <p>A court is warranted in refusing a divorce, although finding that the parties cannot live peaceably together, when such failure is due to their own obstinacy and stubbornness, and both parties are equally in fault. (Dunbar and Scott, JJ., dissent.)</p> <p>The allowance by the court of $300 as counsel fees to the wife, in refusing the husband’s petition for divorce, is not an abuse of the discretion reposed in the court in such matters, even though it may appear that a division of property had been made between the parties and that the wife was amply able to bear the expenses attending the action.</p>