Harrison v. Harrison, 17441
| Decision Date | 14 May 1951 |
| Docket Number | No. 17441,17441 |
| Citation | 208 Ga. 70,65 S.E.2d 173 |
| Parties | HARRISON v. HARRISON. |
| Court | Georgia Supreme Court |
Roy B. Rhodenhiser, Jr., and Bell & Bell, all of Macon, for plaintiff in error.
Thomas Arnold Jacobs, Macon, for defendant in error.
Syllabus Opinion by the Court.
1. The general rule is that fees for services rendered by an attorney must be paid by the person who employs him, Hill v. Bush, 206 Ga. 543, 57 S.E.2d 670, and are not recoverable by a litigant against the opposite party except in those cases which are specifically provided for by contract or by statute--such as in suits on promissory notes, where the note provides for the payment of attorney's fees and proper notice of intention to sue is given as required by Code, § 14-202(5) and Code Ann.Supp. § 20-506; or where the defendant has acted in bad faith, or has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, Code, § 20-1404; or in claim cases, where the fees of the attorney causing the levy and prosecuting the rights of the plaintiff in fi. fa. are payable from the proceeds of the property condemned, as provided in Code, § 9-612; or in suits on insurance policies, where the company's refusal to pay the loss is in bad faith, as provided in Code, § 56-706; or in proceedings under the Workmen's Compensation Act, as provided in Code, § 114-711 and Code Ann.Supp. § 114-714; or in actions against common carriers or other parties subject to the jurisdiction of the Public Service Commission, for loss, damage, or injury caused by wilful violation of law or rules of such commission, as provided in Code, § 93-415; or for the prosecution of citations for contempt for failure to pay alimony, as provided by Code Ann.Supp. § 30-219.
2. In alimony, or divorce and alimony proceedings, attorney's fees in favor of the wife against the husband are not allowed as such, but as an intrinsic part of temporary alimony awarded for the purpose of enabling the wife to contest the issues between herself and her husband. Van Dyke v. Van Dyke, 125 Ga. 491, 493, 54 S.E. 537; Luke v. Luke, 154 Ga. 800(2), 115 S.E. 666; Coleman v. Coleman, 205 Ga. 92, 52 S.E.2d 438; Alford v. Alford, 189 Ga. 630(7), 7 S.E.2d 278. Where, as in this case, temporary alimony and attorney's fees are awarded to the wife pending the divorce case, and upon the final trial a divorce is granted and permanent alimony awarded to the wife for the support of the minor children, and a proper final decree entered, which, on review, is affirmed by this court, Harrison v. Harrison, 207 Ga. 393, 61 S.E.2d 837, the trial court is thereafter without jurisdiction, on motion or petition of the wife in that case, to award additional attorney's fees for services rendered by her counsel in the preparation and prosecution of her motion to set aside the verdict and decree, and of a writ of error in the Supreme Court to review the judgment overruling such motion. This is true for the reason that the right to temporary alimony, including attorney's fees, rests upon an existing conjugal relation; and a final verdict and decree of divorce having been granted to the parties prior to the institution by the former...
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