Fernald v. Fernald

Citations

• 5 Pa. Super. 629
• 1897 Pa. Super. LEXIS 294

Syllabus

<p>Divorce — Wife's costs as libellee — Discretion of court — Appellate review of discretion.</p> <p>The appellate court will not disturb the exercise of the discretion of the common pleas which allowed the wife, libellee in a divorce suit, her traveling expenses in coming from a foreign state to testify at a trial where the libellant suffered a voluntary nonsuit.</p> <p>The merits of the main issue cannot be considered under such an application.</p> <p>The question whether it is in the power of the court to review the action of the court below in such an application not considered, it being clear that the appellate court will not reverse except for plain abuse of discretion.</p>