Moriarty v. Moriarty

By the Couet.—Tbttax, J.

The action is brought to obtain an absolute divorce on the ground, of the adultery of the defendant. Alimony and counsel fees will not be granted in every action for divorce a vinculo brought by a wife against her husband. The plaintiff is bound, said the Court of Appeals in Collins v. Collins 71 N. Y. 275, to present a case to the court showing that she has a fair prospect of success in the action. In the action at bar no such case was presented. The moving papers do not contain a single allegation relating to the adultery of the de*281fendant worthy a moment’s…