Schroter v. Schroter
New York Supreme Court
Motion by .the defendant for an order to compel the plaintiff to pay certain sums for counsel fees and for expenses incurred by the defendant in defending the action to annul a marriage.
1Opinion of the CourtGiegerich, J.
The wife in an action brought by the husband to annul a marriage for allegéd physical incapacity and *200for fraud, having succeeded upon the trial (56 Misc. Rep. 69), now seeks by this motion an award of $7,500 for the services of counsel already rendered and $3,723.64 for expenses heretofore paid or incurred in her defense. There is no statute which in terms authorizes an award of a counsel fee to a wife to enable her to defend an action to annul a marriage. The provisions of section 1769 of the Code of Civil Procedure, relative to the payment of a counsel fee to enable the,wife to carry on or…
2Cases cited7 opinions
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- Griffin v. . GriffinNew York Court of Appeals · 1872
- McCarthy v. . McCarthyNew York Court of Appeals · 1893
- Germond v. GermondNew York Court of Chancery · 1828
- Schroter v. SchroterNew York Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dunphy v. DunphyCalifornia Supreme Court · 1911