Rogers v. Rogers
Rogers v. Rogers
Opinion of the Court
Opinion by
Taking into consideration the amount of the appellant’s estate and
It would certainly not be necessary to prove before a jury of farmers the value of ordinary farm labor; but upon proof of the labor and its amount and kind, the jury would be authorized from the personal knowledge to fix its value. So in this case, the court having knowledge, from an inspection of the record, of the amount and kind of services rendered by appellee’s counsel, may resort to its personal knowledge to fix the value of such services.
Nor can we say that the court erred in adjudging to the appellee one-half of the personal effects of the appellant. His whole personal estate would not amount, according to his answer, to more than $200 or $300, and one-half of this will be but a scanty provision for Mrs. Rogers and the two younger children, and is not more than should have been allowed her.
We have no revisory power over the interlocutory orders made in reference to the property, either in the judgment or in the subsequent order, and it would, therefore, be improper to express an opinion as to whether the court properly adjudged a lien on the appellant’s land, or restrained him from selling any of his property until the further order of the court.
While it is true that, as matter of strict law, the right of the father to the custody and control of his children is superior to that of the mother, yet the chancellor had always subordinated this legal right to the weightier consideration of the interest of the children, and he will not allow the legal rights of the father to be enforced to their prejudice. Our statute recognizes and adopts this long and well-settled rule in equity, by requiring the court decreeing a divorce to have principally in view the interest and welfare of the children in making orders for their care and custody. The children whose care and custody the court awarded to appellee are both females, and are aged ten and five years respectively; and it is proper they should be
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.