Robinson v. Robinson

• Decision Date: 27 November 1916
• Docket Number: 18344
• Citation: 112 Miss. 224,72 So. 923
• Court: Mississippi Supreme Court
• Parties: ROBINSON v. ROBINSON

72 So. 923

112 Miss. 224

ROBINSON v. ROBINSON

No. 18344

Supreme Court of Mississippi

November 27, 1916

APPEAL from the chancery court of Lauderdale county, HON. SAM WHITMAN, JR., Chancellor.

Suit by Dr. B. L. Robinson against Mrs. M. A. Robinson. From an interlocutory decree allowing Mrs. Robinson for counsel fees Dr. Robinson appeals.

This is an appeal from an interlocutory decree of the chancellor requiring appellant to pay appellee one hundred dollars solicitor's fee. It appears from the record that Mrs. M A. Robinson, appellee herein, sued her husband, the appellant, for a divorce in the year 1910, and the prayer of her bill was upon due hearing granted. Just before the decree of divorce was granted the parties entered into a written agreement as to the amount of alimony, both temporary and permanent, and this agreement was by the court approved, and the terms thereof were incorporated into the final decree. By this decree appellee was awarded alimony in a gross sum, to wit, four thousand two hundred and fifty dollars payable however, in certain installments. In addition to the gross sum awarded appellee, the decree further provided that appellee should have the custody of her two minor children and that appellant should pay certain stipulated sums for the maintenance and support of the children. The court expressly reserved the right to alter or change the decree as to the care and custody of the children. In 1914 appellant filed petition in the same court seeking a modification of the decree in reference to the custody of the children representing that the children were of such age that they demanded a public school education, and such degree of maturity that appellant could have them cared for by a matron, and could provide for them in his own home much cheaper and better than could be done under the conditions which then obtained. The appellee answered this petition, denying the material portions thereof, and in answering she presented a written application or motion asking the court to award her a reasonable sum as solicitor's fee with which to contest appellant's petition for the custody of the children. In her motion the fact is disclosed that she still has one thousand eight hundred dollars of the four thousand two hundred and fifty dollars alimony originally awarded her. The court allowed an attorney's fee of one hundred dollars, and to the rendition of this decree appellant objected, and prayed for and obtained an appeal to settle the principles of the case.

Reversed and remanded.

B. M Deavours, Stone Deavours and D. B. Cooley, for appellant....