Morris v. West
| Decision Date | 05 January 1936 |
| Docket Number | No. 11341.,11341. |
| Parties | MORRIS. v. WEST et al. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
Error from Superior Court, McDuffie County; C. J. Perryman, Judge.
Suit by J. Q. West and others against O. P. Morris. To review an adverse judgment, defendant brings error.
Affirmed.
Mrs. Birma Morris, through her attorneys, West & Fleming and B. J. Stevens, brought a rule nisi against O. P. Morris, requiring him to show cause why he should not pay to the named attorneys additional fees for. prosecuting a suit for temporary and permanent alimony against him. She alleged that while the alimony proceeding was pending, the court awarded temporary alimony and $150 attorneys' fees, in an order which provided that the amount of attorneys' fees might be increased upon the final hearing and determination of the case, "should it appear that it is just and proper to allow such additional fees"; that since that order these attorneys spent several days in conference with the defendant and representatives of their client, all at the suggestion of the defendant; that the defendant owned property of the value of about $20,000, but a final settlement for alimony was delayed, and when the day came on which the court had directed the defendant to pay the alimony and attorneys' fees, he failed and refused to pay, and it was necessary to bring a petition citing him for contempt of court; that a settlement was finally consummated between the defendant and his wife, by his payment of $800, and conveying to her about 500 acres of land, worth about $5,000; and that at the time this settlement was consummated between the husband and wife, the defendant knew that these attorneys were asking for additional fees. The defendant answered by referring to the previous order awarding to the attorneys $150 as their fee, denying that he was liable for any additional attorneys' fees, and showing that an alimony settlement had been consummated between himself and his wife, and they had decided to live again in a state of cohabitation, and that they had adjusted their differ ences. In his answer the defendant set up what his attorneys call a "bill of peace, " to enjoin further prosecution against him in regard to the alimony and attorneys' fees. After interlocutory hearing of evidence by affidavits, the court denied the prayer for a "bill of peace, " and awarded an additional $150 attorneys' fees. To this judgment the defendant excepted.
Randall Evans, Jr., of...
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Morris v. West
...187 S.E. 861 183 Ga. 214 MORRIS v. WEST et al. No. 11341.Supreme Court of GeorgiaOctober 15, Syllabus by Editorial Staff. Where wife's attorneys, after allowance of attorneys' fees in wife's suit for alimony under order authorizing increased fees upon final hearing if just and proper, spent......
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