147 A.2d 738
[No. 111, September Term, 1958.]Court of Appeals of Maryland.
Decided January 20, 1959.
DIVORCE — Constructive Desertion — Mental Cruelty — Counsel Fees. The Court agreed with the chancellor’s finding that the wife’s charges of constructive desertion and mental cruelty were not supported by the evidence and sustained the finding. On the cross-appeal, the fee allowed to the wife’s counsel was reduced from $4,000 to $2,500. p. 571
Decided January 20, 1959.
Appeal from the Circuit Court of Baltimore City (CULLEN, J.).
Bill for a divorce a mensa, temporary and permanent alimony and counsel fees by Hilda Weiss against Abraham Weiss. Cross-bill for a divorce a mensa by the latter against the former. From a decree dismissing the wife’s bill, she appealed, and from that part of the decree ordering the husband to pay to the solicitor for his wife a counsel fee of $4,000, he appealed.
Decree modified by reducing the fee allowed to the wife’s counsel to $2,500, and, as modified, affirmed, costs to be paid by Abraham Weiss.
The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
Paul Berman and Melvin J. Sykes, with whom were Sigmund Levin and Theodore B. Berman on the brief, for appellant and cross-appellee, Abraham Weiss.
Page 571
Max R. Israelson for appellee and cross-appellant, Hilda Weiss.
PER CURIAM.
A careful study of the record leads us to agree with the chancellor’s finding that the wife’s charges of constructive desertion and mental cruelty were not supported by the evidence. On the cross-appeal, we think the fee allowed to the wife’s counsel should be reduced from $4,000 to $2,500 under all the circumstances of the case. We shall accordingly modify the decree in this respect, and, as modified, affirm it.
Decree modified by reducing the fee allowed to the wife’s counsel to $2,500, and, as modified, affirmed, costs to be paid by Abraham Weiss.