ZIERLIER v. ZIERLIER, 173 Md. 696 (1938)


197 A. 864

BETSY L. ZIERLIER v. JOSEPH N. ZIERLIER

[No. 44, January Term, 1938.]Court of Appeals of Maryland.
Decided March 10th, 1938.

Divorce — Adultery — Solicitor’s Fees.

In a suit by the wife for a divorce on the ground of adultery by the husband, a physician, with one of his patients, held
that the evidence was sufficient to entitle plaintiff to a divorce and alimony.

The conclusions of the trial judge upon issues of fact will not be accepted if the appellate court is constrained by the evidence to regard them as erroneous.

Page 697

In a suit by the wife for divorce on the ground of the husband’s adultery held that an allowance to the wife of $100 for her solicitor’s fees, for services in the lower court, was reasonable, but additional compensation should be allowed for their services in the case on appeal.

Decided March 10th, 1938.

Appeal from the Circuit Court No. 2 of Baltimore City (DENNIS, C.J.).

Bill by Betsy L. Zierlier against Joseph N. Zierlier. From a decree dismissing the bill, plaintiff appeals. Reversed in part and affirmed in part.

The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.

Philander B. Briscoe and Nathan J. Felsenberg, with whom were Briscoe Jones on the brief, for the appellant.

Foster H. Fanseen, with whom were Milton I. Vogelhut an Henry M. Siegel on the brief, for the appellee.

URNER, J., delivered the opinion of the Court.

Unreported cases.

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