Ashford v. Ashford

Oregon Supreme Court

Ashford v. Ashford

268 P.2d 382, 249 P.2d 968, 201 Or. 206, 1954 Ore. LEXIS 209

CourtOregon Supreme Court

DecidedMarch 24, 1954

StatusPublished

Cited by10 cases

This text of 268 P.2d 382 (Ashford v. Ashford) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashford v. Ashford, 268 P.2d 382, 249 P.2d 968, 201 Or. 206, 1954 Ore. LEXIS 209 (Or. 1954).

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Opinions

WARNER, J.

This is on the motion of Edna Mae Ashford, defendant-respondent, for an allowance of attorney’s fees for services in preparing her brief and appearance of her counsel in this court in a pending appeal in a suit for divorce wherein the defendant wife prevailed in the lower court.

The application of the respondent is settled by the authority of Edwards v. Edwards, 191 Or 275, 281 et seq. 227 P2d 975, where we held that this court is without authority to make such an allowance. We there said, at page 284:

“We realize that the rule to which we adhere may at times work some hardship so far as the allowance of attorneys’ fees on appeal is concerned, but it is one that cannot be corrected here by judicial fiat. The legislature has conferred upon the circuit courts the power to grant temporary maintenance to the party not in default during the pendency of an appeal to the Supreme Court. § 9-914, O.C.L.A. However, the power to grant additional suit money to cover the costs of such an appeal has not yet been given to the circuit courts or this court.”

In terms of our own inclination, we reluctantly deny the relief which the respondent seeks and do so solely for the reasons given in Edwards v. Edwards, supra. Her supporting affidavit, if true, delineates a picture of financial hardship and impoverishment which well might deny to the respondent a fair opportunity to adequately present and defend her cause in this court, when the appeal instigated by her appellant [209]*209husband is heard here on its merits. The apparent injustice flowing from a want of sufficient power here to make an appropriate answer to respondent’s request is accentuated by a record which reveals that the appellant husband is an able-bodied man with a substantial income and by the further fact that a parcel of real property involved in the suit threatens to be lost through a pending mortgage foreclosure; but the course followed concerning this and other meritorious motions of like nature must necessarily continue until the legislative assembly evolves some method which will satisfactorily make provision for the alleviation of conditions reflected by the circumstances here present.

Wilber Henderson argued the cause for appellant. On the brief were Henderson & Dickinson, of Portland. Joseph H. Page, of Portland, argued the cause and filed a brief for respondent.

Motion denied.

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WARNER, J.

This is on the motion of Edna Mae Ashford, defendant-respondent, for an allowance of attorney’s fees for services in preparing her brief and appearance of her counsel in this court in a pending appeal in a suit for divorce wherein the defendant wife prevailed in the lower court.

The application of the respondent is settled by the authority of Edwards v. Edwards, 191 Or 275, 281 et seq. 227 P2d 975, where we held that this court is without authority to make such an allowance. We there said, at page 284:

“We realize that the rule to which we adhere may at times work some hardship so far as the allowance of attorneys’ fees on appeal is concerned, but it is one that cannot be corrected here by judicial fiat. The legislature has conferred upon the circuit courts the power to grant temporary maintenance to the party not in default during the pendency of an appeal to the Supreme Court. § 9-914, O.C.L.A. However, the power to grant additional suit money to cover the costs of such an appeal has not yet been given to the circuit courts or this court.”

In terms of our own inclination, we reluctantly deny the relief which the respondent seeks and do so solely for the reasons given in Edwards v. Edwards, supra. Her supporting affidavit, if true, delineates a picture of financial hardship and impoverishment which well might deny to the respondent a fair opportunity to adequately present and defend her cause in this court, when the appeal instigated by her appellant [209]*209husband is heard here on its merits. The apparent injustice flowing from a want of sufficient power here to make an appropriate answer to respondent’s request is accentuated by a record which reveals that the appellant husband is an able-bodied man with a substantial income and by the further fact that a parcel of real property involved in the suit threatens to be lost through a pending mortgage foreclosure; but the course followed concerning this and other meritorious motions of like nature must necessarily continue until the legislative assembly evolves some method which will satisfactorily make provision for the alleviation of conditions reflected by the circumstances here present.

Wilber Henderson argued the cause for appellant. On the brief were Henderson & Dickinson, of Portland. Joseph H. Page, of Portland, argued the cause and filed a brief for respondent.

Motion denied.

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268 P.2d 382, 249 P.2d 968, 201 Or. 206, 1954 Ore. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashford-v-ashford-or-1954.

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