Kaufmann v. Kaufmann

Citations

• 76 Pa. Super. 603
• 1921 Pa. Super. LEXIS 197

Syllabus

<p>Divorce — Adultery—Costs — Order of respondent to pay — Expenses of detectives to 'obtain evidence.</p> <p>Costs incurred by a wife, in procuring evidence of the adultery of her husband, prior to bringing a suit for divorce a mensa et thoro, are not costs or expenses of the suit, in any proper sense of the term, and their payment should not he imposed as such upon the respondent.</p> <p>There is no statutory authority in Pennsylvania for the payment by the husband of the wife’s costs and expenses, pending proceedings for divorce, but the courts under their equitable powers early adopted the practice of ordering such payment, where the wife had no separate estate sufficient for the purpose, in order that she might not he deified justice, and for this reason, after answer she may in general have her costs taxed. The court, having jurisdiction of the suits between the husband and wife, is from time to time to make the proper allowance according to the circumstances. But the charges of detectives employed before suit to procure evidence against the respondent cannot be included in such allowance.</p>