White v. White

Citations

• 86 Cal. 212
• 24 P. 1030
• 1890 Cal. LEXIS 1006

Syllabus

<p>Divorce — Alimony—Counsel Fees — Appealable Order.—An order denying alimony for counsel fees in an action for a divorce is appealable.</p> <p>Id. — Contingent Fee — Allowance for Additional Counsel.—It is proper, in an action for divorce, to refuse alimony pendente lite for counsel fees for the services of an attorney who has agreed to give his services for a contingent allowance of a percentage of the property recovered as the result of the suit; but the existence of a contract for a contingent fee does not preclude an allowance of a reasonable sum for fees of other counsel not interested in the contract, whose services were necessary.</p> <p>Id. — Extent of Allowance — Discretion — Presumption — Affirmance of Order. — Where the record shows that a considerable sum had been previously paid to the appellant to enable her to employ counsel, which may have justified the court in denying the order appealed from, and the appellate court cannot say that the court below abused its discretion in denying the motion for an additional allowance, it must be presumed that it was denied, upon the ground that the previous allowanee was sufficient, and the order will be affirmed.</p>