Virginia Norfolk City Divorce Jurisdiction Lawyers Attorney

Virginia Norfolk City Divorce Jurisdiction Lawyers Attorney

by

Atchuthan Sriskandarajah

Henry Kirn v. Grace E. Kirn

SUPREME COURT OF VIRGINIA

January 17, 1924

Facts:

Grace E. Kirn sued her husband, Henry Kirn, for divorce, alleging desertion on and cruelty for a considerable period prior thereto. Henry Kirn filed his answer and cross-bill, denying the allegations of the original bill and charging her with desertion and adultery. The trial judge found that the charges had all been established, but dismissed the bills. Appellant husband and appellee wife each sought review of orders of the Law and Chancery Court of the City of Norfolk (Virginia), which dismissed the wife’s bill of complaint for divorce and the husband’s cross-bill, held that it had no jurisdiction to make any allowance to maintain, support, and educate the infant child of the marriage, and directed the husband to pay to the wife’s attorneys a fee for legal services and the costs.

Issue:

Whether the trial court erred in dismissing husband s cross-bill and refusing to award him a decree of

divorce

a vinculo and in excessive attorney fee?

Discussion:

This court held that the doctrine of recrimination applied and operated to bar the divorce action, even though the allegations were proved. The court held that the award of attorneys’ fees was within the discretion of the trial judge. The case had been vigorously contested on both sides, the evidence covered nearly 500 printed pages, and it had been pending for several years. Absent witnesses had to be located, charges and countercharges had to be investigated. It was argued twice in the trial court. In view of those considerations, while the fee appeared to be quite large according to local standards, the court was indisposed to reduce it.

Conclusion:

This court hence affirmed trial court s orders.

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the

SRIS Law Group

. The SRIS Law Group has offices in

Virginia

, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration

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