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Brown v. Brown

Supreme Court of Arizona

February 23, 1932

WILLIS S. BROWN, Appellant,
v.
KITTY BROWN, Appellee

APPEAL from a judgment of the Superior Court of the County of Coconino. A. S. Gibbons, Judge. Modified and affirmed.

Mr. Thorwald Larson, Mr. Joseph M. Holub and Mr. Thomas A. Flynn, for Appellant.

No appearance for Appellee.

OPINION

[39 Ariz. 543] ROSS, J.

In an action brought by Kitty Brown against Willis S. Brown for divorce the court entered judgment severing the bonds of matrimony, dividing the community property, and awarding the custody of their two minor children to the plaintiff, with allowances for their care.

The defendant appealed from such judgment, whereupon plaintiff filed her petition in the case asking that defendant be ordered

Page 453

to pay her an additional allowance for medical care of the children, also certain costs and expenses that she had been put to in the litigation between them, and also for attorneys' fees to prepare for and defend her case on appeal. a hearing thereon the court made and entered the following order and judgment (on July 24, 1930):

"It is ordered, that plaintiff (defendant) pay forthwith to defendant (plaintiff) Kitty Brown:

"1. Seventy-five ($75.00) Dollars to be used by her for proper medical attention for William Russell Brown, minor son of the parties hereto;

"2. Two Hundred ($200.00) Dollars to reimburse her for the expense of attending the hearings incident to the litigation in the superior court;

"3. Seventy-seven and 60/100 ($77.60) Dollars expended by her as costs of court;

"4. Two hundred ($200.00) Dollars to be paid to counsel for plaintiff to be used in the preparation of briefs in the two appeals in the above entitled cause.

"It is further ordered that defendant pay to Frank Harrison and Isaac Barth, attorneys for plaintiff, on or before August 3, 1930, the sum of One Thousand ($1,000.00) Dollars as attorneys' fees in the defense of the two appeals now pending in the ...


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