Grauer v. Grauer
New York Court of Common Pleas
Appeal from special term. Action by Grace Grauer against Frank Grauer. Upon a reversal of an order awarding plaintiff counsel fees, defendant applies for restitution of such fees. Application denied.
1Opinion of the CourtPryor, J.
The wife sued the husband for a divorce. The husband counterclaimed for a judicial separation, and in the action an order was madp awarding the plaintiff $150 counsel fee. On appeal to the general term the order was reversed, because the moving papers showed no ground for it. Upon the order of reversal the defendant now applies to the court for restitution of the counsel fee. It appears that no notice of the motion has been served on the plaintiff, and that the counsel fee has been partly expended for her benefit in the prosecution of the action and in resistance to the counterclaim. The…
2Cases cited1 opinion
- Langley v. . WarnerNew York Court of Appeals · 1850
3Cited by2 opinions
- Butcher v. HenningNew York Supreme Court · 1895
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1903