Krieger v. Krieger
Krieger v. Krieger
Opinion of the Court
This is an action for divorce. Plaintiff has appealed from an order directing defendant to pay to plaintiff the sum of $750 as her total attorney’s fees for services to be rendered in the action, denying plaintiff any costs and directing that she bear her own costs, on the ground that the court abused its discretion in so limiting the amount of attorney’s fees and denying costs to plaintiff.
The evidence showed that at the time of the hearing plaintiff was possessed of $548.39 cash in the bank; that in 1947 she had loaned her son $4,000 and received from him a written promise to repay the amount; that shortly prior to the hearing of the order to show cause she had in the Union Bank the sum of $1,036.75; that shortly before the hearing she withdrew the sum of $1,195.73 from a savings and loan account and $350 from the Union Bank account; plaintiff also has jewelry valued at $3,000 and a fur coat worth $1,500.
The court ordered that during the pendency of the litigation plaintiff should have the exclusive right, rent free, to occupy the residence of the parties, and defendant was ordered to pay all taxes becoming due thereon.
Defendant testified that the reason for his voluntary reduction of his salary was that the corporation from which he was drawing the salary was in such a financial condition that it was unable to secure loans to meet its obligations and was unable to pay the former salary.
The matter of allowance of attorney’s fees and costs to a wife in a divorce action is in the sound discretion of the court (Civ. Code, §137) and its conclusion will not be disturbed unless there is a showing of abuse of discretion. (Comey v. Comey, 8 Cal.2d 453, 454 [66 P.2d 148].) The indebtedness of plaintiff’s son to her in the sum of $4,000 was properly treated as an asset by the court. Plaintiff is not required to dispose of her jewelry and furs in order to meet the expenses of the action... However, her liquid finances are greater than her husband’s. She is occupying the community residence
The financial condition of the respective parties does not justify this court in declaring that the trial court abused its discretion either in the award of attorney’s fees or in the refusal to allow costs to plaintiff.
Order affirmed.
Moore, P. J., and McComb, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.