Robinson v. Robinson

Citations

• 79 Cal. 511
• 21 P. 1095
• 1889 Cal. LEXIS 762

Syllabus

<p>Divorce—Alimony—Counsel Fees—Form of Decree — Charge on Beal Estate.—A decree in a divorce suit adjudging that defendant pay to plaintiff’s attorney one hundred dollars as counsel fees of plaintiff, and providing that all alimony, fees, and costs allowed may be paid in the aggregate to the clerk, and that all shall be a lien on certain described real property of defendant, and if not paid, that execution or order of sale may issue for the whole on demand of plaintiff, and so much of defendant’s property sold thereunder as will satisfy the total amount, must be regarded as a decree in favor of plaintiff for the counsel fees, and is neither irregular nor void. .</p> <p>Id-— Allowance of Alimony in Gross — Discretion. — The superior court has power, under section 139 of the Civil Code, to make an allowance of alimony to the wife in a divorce suit in a gross sum. The allowance may be for the wife’s support during her life, and is not limited to periodical payments. An allowance having regard to the circumstances of the parties respectively of a sum less than a third in value of the husband’s estate, to an abused and injured wife in feeble health, with children to care for, is a proper exercise of discretion.</p>