Griffin v. Griffin
New York Supreme Court
Appeal from order of special term refusing alimony and allowance for expenses of defending suit for absolute divorce on the ground of adultery. The application was made upon the pleadings and upon affidavits.
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Appeal from order of special term refusing alimony and allowance for expenses of defending suit for absolute divorce on the ground of adultery. The application was made upon the pleadings and upon affidavits. The affidavits were as follows : 1. The affidavit of the defendant’s attorney, detailing the proceedings in the suit, and stating deponent’s advice and belief that defendant was in indigent circumstances. 2. The affidavit of a neighbor that plaintiff was the owner of real and personal estate to the value of about $1200; that the defendant was in indigent circumstances, without property,…
1Opinion of the Court
By the court,
Hogeboom, Justice.
I think the order of the special term, denying the defendant alimony or an allowance for expenses of suit, should be affirmed.
1. It is a matter of discretion, and not reviewable. It is made so both by statute and by a long course of decisions. (2 R. S., 148; Osgood agt. Osgood, 2 Paige, 621; Worden agt. Worden, 3 Edw., 387; Bartlett agt. Bartlett, 1 Clarke, 460; 2 Barb. Ch. Pr., 266; Bishop on Marriage and Divorce, sec. 581; Whitney agt. Whitney, 22 How., 177.)
2. If the matter was open for a review on the merits, I should be disposed to affirm the order.
(1.) The…
2Cases cited3 opinions
- Osgood v. OsgoodNew York Court of Chancery · 1831
- Worden v. WordenNew York Court of Chancery · 1840
- Bartlett v. BartlettNew York Court of Chancery · 1841
3Cited by3 opinions
- Williams v. WilliamsSupreme Court of Georgia · 1902
- Frickel v. FrickelThe Superior Court of the City of New York and Buffalo · 1893
- Leslie v. LeslieNew York Court of Common Pleas · 1869