Opinion
No. 36788.
May 10, 1948.
DIVORCE.
Where husband filed grounds for denial of wife's motion for allowance of a solicitor's fee, but wife filed no brief in support of her motion, dismissal of motion by Supreme Court was required (Rules of the Supreme Court, rule 16).
APPEAL from the Chancery Court of Lauderdale County.
Dixon L. Pyles, of Jackson, for appellant.
C.A. Rogers, of Meridian, for appellee.
The appellee wife filed a motion for the allowance to her of a solicitor's fee, the case being one in divorce. Appellant responded setting forth five grounds for his insistence that the motion be denied. Appellee has paid no attention to this response and has filed no brief in support of her motion, which, in view of appellant's contentions, appellee was under duty to do if she desired to further press her motion. Rule 16 of this Court is as follows: "Every Saturday shall be motion day; and if counsel be not present, and have no brief filed when their motions are regularly called, such motions shall be dismissed; and no motion once disposed of, or dismissed, shall again be heard."
Motion dismissed.