{
  "id": 2508450,
  "name": "Emerson Womacks v. Minnie Womacks",
  "name_abbreviation": "Womacks v. Womacks",
  "decision_date": "1906-03-20",
  "docket_number": "",
  "first_page": "441",
  "last_page": "442",
  "citations": [
    {
      "type": "official",
      "cite": "125 Ill. App. 441"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "173 Ill., 112",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5540147
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
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    {
      "cite": "45 Ill., 256",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        425045
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/45/0256-01"
      ]
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  "last_updated": "2023-07-14T16:50:11.384860+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Emerson Womacks v. Minnie Womacks."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Puterbaugh\ndelivered the opinion of the court.\nThis is an appeal from a decree of the Circuit Court directing appellant to pay to appellee, his wife, the sum of $60 for her solicitor\u2019s fees. Appellee filed a hill for divorce against appellant returnable to the October term, 1904. On October 5th appellant filed an answer to the same, together with a cross-bill for divorce. On \u00cdTovember 12th appellee answered the cross-bill. At the same time she filed a petition for temporary alimony and solicitor\u2019s fees, accompanied by an affidavit to the effect that appellant was worth the sum of $40,000. The cause was tried by a jury, which, on December 10th, returned a verdict finding both defendants not guilty. Motions for a new trial were filed by both parties. At the May term, 1905, said motions were withdrawn and the original and cross-bills dismissed by the court for want of equity. The petition for alimony and solicitor\u2019s fees was then presented to the court for the first time and a hearing had thereupon. Appellee\u2019s solicitors introduced the accompanying affidavit in evidence over the objection of appellant, whereupon the court entered the decree here in question.\nThe decree must be reversed for the following reason: Although appellee\u2019s solicitor might have obtained an order for the payment of fees pendente lite on making a proper ease, yet both bills having been abandoned before such order was obtained, the right to the same was lost. Appellee should have procured an order while the suits were being prosecuted, and having failed to do so her application was too late. McCulloch v. Murphy, 45 Ill., 256. Had she been successful in her suit, the services of her solicitor, although rendered in the past, could properly have been taken into account in the final decree, but she having abandoned her suit, no power remained in the court to order the payment of fees to her solicitor for past services. Anderson v. Steger, 173 Ill., 112.\nThe decree will be reversed without remanding.\nReversed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Puterbaugh"
      }
    ],
    "attorneys": [
      "A. J. Miller and W. G. Spurgin, for appellant.",
      "ISTo appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "Emerson Womacks v. Minnie Womacks.\n1. Solicitor\u2019s ebbs\u2014when allowance for, in divorce proceeding, improper. Solicitor\u2019s, fees for past services rendered in a divorce proceeding which has been abandoned cannot he allowed.\nDivorce * proceeding. Appeal from the Circuit Court of Vermilion County; the Hon. Morton W. Thompson, Judge, presiding. Heard in this court at the November term, 1905.\nReversed.\nOpinion filed March 20, 1906.\nA. J. Miller and W. G. Spurgin, for appellant.\nISTo appearance for appellee."
  },
  "file_name": "0441-01",
  "first_page_order": 485,
  "last_page_order": 486
}