Dean v. Dean

The motion for counsel fees to enable the defendant to defend this case must be granted. The general rule is that where the wife denies on oath the charge of adultery, she will be allowed counsel fees, even though the husband submits affidavits in support of the charge, as so important a question should not be determined on conflicting affidavits (Israel v. Israel, 28 Misc. Rep. 57; Rublinsky v. Rublinsky, 24 N. Y. Supp. 920; Frickel v. Frickel, 4 Misc. Rep. 382), unless it clearly appears beyond a reasonable doubt, that the ultimate success of the husband in the litigation is inevitable.…