Monthly Reports of Cases Decided in the Court of Probate, And in the Court for Divorce And Matrimonial Causes, Commencing Michaelmas Term, 1859
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0.) for a decree of dissolution ; and Lilley and Laxton (for the respondent) moved that the petitioner might be ordered to pay the respondent's costs of the trial before the jury. No application for the costs of the hearing had been made before the trial. Cresswell, J. 0., said : The principle upon which the Ecclesiastical Courts pro- ceeded was this. The wife having no money to enable her to defend herself the husband must pay her costs. Accordingly her costs were taxed de die in diem, and whe...n everything was ready for the hearing, and nothing remained but the argument, an application was made beforehand on her part for the costs of the hearing. The proper sum was then ascertained by the registrar, and it was deposited in the registry. The object was that the wife might have the benefit of the assistance of counsel. But if no application was made on her behalf until after the hearing, and the decree was against her, the practice was to refuse her costs. Lord Campbell, C. J. : If the costs are to come out of the husband's pocket whether the wife is suceesful or not, a great temptation will be held out to attorneys to take up speculative cases.
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