(DOWNLOAD) "State Ex Rel. De Armond v. Superior Court" by 382. Supreme Court of Indiana No. 27 * Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. De Armond v. Superior Court
- Author : 382. Supreme Court of Indiana No. 27
- Release Date : January 05, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
SHAKE, C.J. This is an original action for a writ of mandate against the Superior Court of Madison County and a special Judge thereof. The relators were attorneys for a wife who was sued for divorce by her husband. A cross-complaint for divorce was filed by the defendant in that action. The petition recites that upon the trial of the cause the relators ""inadvertently omitted to introduce expert opinion testimony as to the value of their services in defense of the husband's application for divorce."" At the Conclusion of the evidence, and before the finding was announced, relators made an oral request that they be permitted to show the value of their attorneys' fees and to make proof thereof. This request was refused and the court thereupon found against the plaintiff on his complaint and against the defendant on her cross-complaint and rendered Judgement accordingly. Thereafter, and during the term, relators filed in said cause their motion to vacate the judgment and to modify the same by having and order made to require the plaintiff in the divorce action to pay a reasonable sum as attorneys' fees for the defense of the wife in said divorce suit. The court struck out the relators' motion upon the grounds that they were not parties of record and that the court was without jurisdiction to pass upon the matters presented thereby. The action followed. Relators are proceeding under chapter 160 of the Acts of 1939, § 3-1216 Burns' 1933 (Supp.), § 923, Baldwin's Supp. 1939, which provides that:
 "State Ex Rel. De Armond v. Superior Court" by 382. Supreme Court of Indiana No. 27 * Book PDF Kindle ePub Free){kind=link}