Leslie v. Leslie
New York Court of Common Pleas
Appeal from an order. This action was brought by a husband against his wife, for a divorce, on the ground of alleged adultery. The nature of the charges and defenses sufficiently appear from the opinions. Upon the usual application at special term, Judge Beady awarded the defendant a weekly allowance of fifty dollars, beside counsel fee. From this order the plaintiff appealed.
1Opinion of the Court
Daly, F. J.
The order was one affecting a substantial right. As I understand, for no copy of the order is returned, it imposed upon the defendant the payment of. a *194sum of money weekly for the support of the wife pending the litigation, and if that sum were greater than the plaintiff should be required to pay, a substantial right was affected, and the order was appealable (People v. New York Central R. R. Co, 29 N. Y., 422; Downing v. Marshall, 37 Id., 394).
It has. been held in three cases that an order of this nature is not appealable, which cases it will be necessary to review. It was held by…
2Cases cited20 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Wood v. WoodNew York Court of Chancery · 1830
- Lawrence v. LawrenceNew York Court of Chancery · 1831
- Kirby v. KirbyNew York Court of Chancery · 1828
- Mix v. MixNew York Court of Chancery · 1814
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