McBride v. McBride
New York Supreme Court
Appeal from special term. This action was brought by Josephine McBride against R; T. McBride, to procure a judgment of limited divorce on the ground of cruel treatment. The action was brought to trial before a jury, at a circuit court, which found in favor of plaintiff on some of those issues, and against her on others.
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Appeal from special term. This action was brought by Josephine McBride against R; T. McBride, to procure a judgment of limited divorce on the ground of cruel treatment. The action was brought to trial before a jury, at a circuit court, which found in favor of plaintiff on some of those issues, and against her on others. The case was thereafter brought on for final hearing before Mr. Justice Barrett, at a special term of the court, upon the findings of the jury and the testimony taken upon the trial. The justice at special term wrote an opinion to the effect that defendant had been guilty of…
1Per curiam
The allowance granted herein by way of counsel fees to the plaintiff does not seem to us to be at all excessive, provided the court had the power to make provision for any compensation to her counsel. It is claimed that under the rule laid down in the case of Beadleston v. Beadleston, 103 N. N. 402, 8 N. E. Rep. 735, no allowance whatever can be made in this case. The rule laid down is certainly a very strict one, and calculated to work great injustice to a wife who has been successful in an action of divorce, because, if the construction to be put upon the decision which is claimed by the…
2Cited by3 opinions
- Winkemeier v. WinkemeierAppellate Division of the Supreme Court of the State of New York · 1896
- Winkemeier v. WinkemeierAppellate Division of the Supreme Court of the State of New York · 1896
- Nottingham v. NottinghamAppellate Division of the Supreme Court of the State of New York · 1924