Commentaries On the Law of Marriage And Divorce, of Separations Without Divorce

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Weber, 1 Swab. & T. 219, 221.
VOL. n. 22 [ 337 ] § 421 ACCOMPANIMENTS OF MAIN ISSUE. [BOOK Y.
ually employed. " The view of the court is," it was said, " that they cannot enter into the question as between counsel and client, as to what charges may properly be made by the coimsel actually employed";^ for the reader perceives, that, if the court did, this would enable a wife, irrespective of the demands of her particular case, to retain the most eminent counsel at the bar on her side, — a luxury
... which, in the ma- jority of cases, husbands do in fact deny to themselves.
§ 420. The Massachusetts doctrine, mentioned in the last section, suggests another ; namely, that, although the husband is properly to pay the whole expenses of the wife about the suit ; and although, as matter of poetic theory, there is alike one law for the rich and for the poor, wherefore the poor person ought to have as good a lawyer, and to expend as much in incidental things, when he brings or de- fends a suit, as does the rich man ; yet since, in real fact,, poor people do not spend so much money in their lawsuits as rich ones, a poor husband should not, in these cases, be required to provide so much money for his wife as should a rich one.


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