McLachlan

This is an appeal by the plaintiff from an order requiring him to pay the defendant the sum of $300 as costs and counsel fees in the prosecution of her appeal from the judgment of .divorce in favor of the plaintiff.

It appears from the affidavit of the plaintiff, presented in opposition to the motion for counsel fees and subscribed to May 2, 1927, that the action was commenced February 19, 1926, and tried October 26, 27 and 28, 1926; that an interlocutory decree of divorce was granted November 19, 1926; that the defendant was given the custody of the minor child of the parties, the plaintiff to pay the defendant $75 a month for its support; that the plaintiff was to pay the defendant $2,500 in installments; that she was to have as her separate property the additional sum of $1,000 of community funds then in her hands; and that at the time of the trial she had from $500 to $700 in cash, which was her separate property. All other property was awarded to the plaintiff. In appellant’s brief it is said that the property awarded to the plaintiff is of the value of $23,774.15, against which there is an indebtedness of $18,238.49. Plaintiff is in receipt of a salary of $6,400 a year.…