Ward v. Ward
New York Supreme Court
I. Motion for precept against plaintiff, and stay of his proceedings, on ground of nonpayment of counsel fee and alimony pendente lite. The action was brought by the plaintiff, against the defendant, his wife, to obtain a divorce from her on the ground of alleged adultery. She appeared in the suit, and moved, on affidavits of her innocence and proof of her want of means, for alimony pendente lite, and also for a counsel fee to defray the expenses of the defense.
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I. Motion for precept against plaintiff, and stay of his proceedings, on ground of nonpayment of counsel fee and alimony pendente lite. The action was brought by the plaintiff, against the defendant, his wife, to obtain a divorce from her on the ground of alleged adultery. She appeared in the suit, and moved, on affidavits of her innocence and proof of her want of means, for alimony pendente lite, and also for a counsel fee to defray the expenses of the defense. The motion was opposed on the merits, hut it appearing from the plaintiff’s own affidavits that his income from his profession on…
1Opinion of the CourtCardozo, J.
I have not any doubt of the power to issue a precept, but the question of a party’s means, when tried on affidavits, is always very unsatisfactory, and I am loth to do what might prove to be a harsh act. I have concluded to stay plaintiff’s proceedings in this action, except as hereafter mentioned, and to direct that a precept be issued unless in three days he pay §250 on account of the counsel fee, and the like sum on account of the- alimony heretofore ordered. Upon payment of those sums within that time, the application for a precept may stand over, and a reference be taken to A. J. Smith,…
2Cases cited3 opinions
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- People ex rel. Pease v. KingNew York Supreme Court · 1853
- Van Wezel v. Van WezelNew York Court of Chancery · 1831