McDonough v. McDonough
The Superior Court of New York City
This is an application for a counsel fee to the defendant’s attorney to aid her in defending the action, and for temporary alimony. The defendant in her answer not only denies the charge of adultery, but alleges the commission of adultery by the plaintiff, and asks for affirmative relief.
1Opinion of the Court
Monell, Justice.
Ordinarily, under these circumstances, the defendant would be entitled to both an allowance to enable her to conduct her defence, and to a reasonable support pending the suit.
But it is objected that she is not entitled to alimony by reason of the judgment of a court of concurrent and competent jurisdiction, which operates as a bar.
Prior to June, 1860, the present defendant prosecuted an action in the court of common pleas of this county, against the present plaintiff, for a limited divorce, on the ground of cruel and inhuman treatment. By the judgment in that action, entered…
2Cases cited1 opinion
- Rose v. RoseNew York Court of Chancery · 1844
3Cited by2 opinions
- Smart v. SmartNew York Supreme Court · 1931
- Byrnes v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1908