Johnson v. . Johnson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1912, which reversed an order of Special Term denying a motion for counsel fees pendente lite and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1912, which reversed an order of Special Term denying a motion for counsel fees pendente lite and granted said motion. The following questions were certified: “1. Did the Supreme Court at Special Term have power to award to the plaintiff any sum as counsel fee in this case? “ 2. Did the Appellate Division of the Supreme Court, second department, have power to award to the plaintiff any sum as counsel fee in this case? ” The nature of the action and the facts,…
1Opinion of the CourtHiscock, J.
In this action, brought by plaintiff against her husband as defendant, the Appellate Division overruling’ the Special Term has made an allowance for counsel fees to enable the plaintiff to maintain the action. In determining whether it had the right to do this it becomes important at the outset to examine the complaint for the purpose of ascertaining what nature of action this may be, for undoubtedly a wife is not entitled to counsel fees pendente lite in every action which she may desire to prosecute against her husband.
The complaint, amongst other things, alleges marital differences between…
2Cases cited5 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Hughes v. . CumingNew York Court of Appeals · 1900
- Higgins v. . SharpNew York Court of Appeals · 1900
- Ramsden v. . RamsdenNew York Court of Appeals · 1883
3Cited by96 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Langerman v. LangermanNew York Court of Appeals · 1952
- Mohrmann v. KobNew York Court of Appeals · 1943
- Stoddard v. . StoddardNew York Court of Appeals · 1919
- Vanderbilt v. VanderbiltNew York Court of Appeals · 1956
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