Davidson v. Davidson
Davidson v. Davidson
Opinion of the Court
Opinion by
The appellant in this appeal contends that the allowance of $1,000.00 as additional counsel fees to the wife’s attorney in the divorce proceedings between the parties is excessive. We have this day filed an opinion
The husband instituted the divorce action on August 12, 1953. On January 23, 1957 a petition for preliminary counsel fees and alimony pendente lite was filed. After hearing the court below ordered the husband to pay the sum of $250.00 as preliminary counsel fees and the sum of $75.00 per month as alimony pendente lite. On July 9, 1959, after dismissing the exceptions to the master’s report granting the divorce to the husband, the court below awarded the additional sum of $1,000.00 as counsel fees. On July 1Ó, 1959 the court awarded the master the sum of $850.00, which sum was in addition to the $100.00 master’s fee previously paid on October 25, 1956.
The husband testified that he receives $61.00 per week; that he has no property or estate and that he works as a butcher in a store formerly owned by his deceased father and presently owned by his mother. The wifé admitted that she was employed by the Peoples Water & Gas Company in Miami, Florida, and' that her take-home pay was $45.00 per week. .She had been employed by this company from May 20, 1954.
In Brong v. Brong, 129 Pa. Superior Ct. 224, 195 A. 439, the controlling principles in determining the validity of an order for counsel fees were stated as follows : “There are no fixed rules as to the amount to be allowed. It is not to be measured solely by the value of counsel’s services or by the wife’s necessities. ‘The husband’s ability to pay, the separate estate of the wife,
The review of an award of counsel fees on an appeal is limited to the examination of the question of the exercise of judicial discretion by the court below and the order may be reversed only if it appears that there has been a manifest abuse of discretion: Cox. v. Cox, 187 Pa. Superior Ct. 177, 144 A. 2d 458.
We should also take into consideration the reduced purchasing power of the dollar at this particular time.
We cannot say that the court below abused its discretion. We do feel, however, that the order should be made to cover all of the wife’s attorney’s fees, including the preparation and presentation of this appeal. As so modified the order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.