Peyre v. Peyre

Citations

• 79 Cal. 336
• 21 P. 838
• 1889 Cal. LEXIS 730

Syllabus

<p>Divobce — Pebmanent Alimony — Findings.—When a divorce is denied, permanent alimony cannnot he granted the wife, under section 136 of the Civil Code, where no facts are either proved or found showing that the wife has a cause for divorce, or that the parties are not living together, or that permanent alimony is needed for her support and maintenance.</p> <p>Id.—Tempobaby Alimony — Allowance op Counsel Fees.—Under section 132 of the Civil Code, the court may require the husband to pay to the wife temporary alimony and a reasonable attorney’s fee; and no testimony is necessary to determine what the amount of the fee should be. The court may determine what is a reasonable fee from its own experience, and from the facts and circumstances of the case appearing before it; and may base the allowance on the ability of the husband to earn money, though it does not appear that he has money or other property with which to pay the amount allowed.</p>