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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 398   View pdf image (33K)
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398 HIGH COURT OF CHANCERY.
would be unnecessary, and improper, but it does not therefore
follow, that under such circumstances, upon an application by
her, the husband would not be made to supply her with money
to fee counsel, and defray the expense of the suit.
The application here, however, is not by her, but by her
counsel, in his own name. No precedent can be found for
such a proceeding, so far as I am aware, and I am not disposed
to make one, unless the necessity for it was extremely urgent.
An application by Mrs. Tayman, the complainant, asking
for means to carry on the suit, and to compensate her counsel
for his professional services, could not well be refused, and,
perhaps, the fund in court, under the circumstances, would be
most convenient and proper to use for the purpose. A reason-
able proportion of that fund might be so applied, reserving the
residue for such further order as might be passed in the further
progress of the cause, I think, however, the present applica-
tion cannot be granted, and refuse it.
[On the 17th of January, 1851, the complainant filed her pe-
tition to the same purport as that filed by her solicitor, and on
the same day the Chancellor passed thereon the following
order ;]
The within petition is submitted by agreement of parties,
under the order of the 17th of January last, and agreeably to
the views expressed in the opinion of the court of the 16tb of
January last, it is ordered, that out of the sum deposited in
court, under the order of the 16th of November, 1850, there be
paid to the petitioner the sum of two hundred dollars to enable
her to carry on the suit, and this court hereby reserves the
power to pass such other or further order in the premises, as the
exigencies of the case may hereafter, and from time to time,
require.
[The purport and effect of the testimony taken under the
commission, is sufficiently stated in the following opinion, de-
livered at the hearing of the cause upon its merits, on the 22d
of March, 1851.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 398   View pdf image (33K)
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