Jones v. Jones
New York Court of Chancery
This was an application, by the complainant, and by her next friend, for ad interim alimony; and for an advance of money, to be made by the defendant, to enable them to carry on this suit, against him, for a separation from bed and board.
1Opinion of the Court
The Chancellor.
It is not a matter of right, under all circumstances, for the wife who has commenced á suit for a divorce, or for a separation, to require the court to direct an allowance to be paid to her, by the defendant, for the purpose of defraying the expenses of the suit. Nor is it a matter of right that she should be allowed her ad interim alimony, in all cases. The legislature has left the allowance of both to the sound discretion of the court before which the suit is instituted. (2 R. S. 148, § 57.) Where it is probable, however, that the wife may succeed, especially in suits for…
2Cited by12 opinions
- Spelman v. . FreedmanNew York Court of Appeals · 1892
- Rawson v. RawsonAppellate Court of Illinois · 1888
- Wood v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Earle v. EarleAppellate Court of Illinois · 1895
- Wheeler v. WheelerAppellate Court of Illinois · 1886
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