Turner v. Turner

Citations

• 80 Cal. 141
• 22 P. 72
• 1889 Cal. LEXIS 878

Syllabus

<p>Divorce—Alimony—Counsel Fees — Discretion.—In an action for a divorce, the court has discretion to require the husband to pay alimony and counsel fees to the wife pending the suit; but such discretion is not an arbitrary power, and must be exercised in view of the circumstances and necessities of the several parties, and the pecuniary ability of the husband. Held, that, under the circumstances of this case, the allowance of fifty dollars a month alimony, and five hundred dollars counsel fees was excessive, and an abuse of discretion, the defendant’s burdens and necessities being greater, and his means and ability to sustain them being less, than are the plaintiff’s.</p>