Frank

Defendant appeals from that portion of an interlocutory decree of divorce ordering him to pay plaintiff’s attorney’s fees. Defendant’s sole contention is that the court erred in fixing the amount of these fees without requiring any showing of the specific services performed by plaintiff’s attorney and without permitting defendant to cross-examine plaintiff’s attorney or to produce other evidence as to the amount of work actually performed by him.

The action came on for trial at 11 a.m. on October 17, 1961. Prior to the giving of any testimony, court and counsel retired to chambers for a discussion which lasted until the noon recess. When court reconvened at 2 p.m., counsel for both parties informed the court that they had reached an agreement during the noon hour as to alimony, child custody and support, and the manner in which the property should be distributed. After the plaintiff and her corroborating witness had testified briefly, counsel for plaintiff stated that the sole matter remaining was his request for attorney’s fees. He then informed the court that he had already received $2,500 on account, and that he considered an additional sum of $17,500 would…