Gore v. Gore

Kellogg, John M., J.

Plaintiff makes this motion for alimony and counsel fees in an action to annul the marriage between her and the defendant on the ground of his physical incapacity. The sharp conflict of authorities upon this question makes it somewhat interesting. The Special Term case of Allen v. Allen, 8 Abb. N. C. 175, decided January, 1880, by Donohue, J., and Anonymous, 15 Abb. Pr. (N. S.) 307, Judge Davis at Special Term in 1874: “Erom the argument and the consideration I have given them (the questions), with my brethren of the general term,” sustain the power of the court to grant…