Gray v. . Gray
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made May 14, 1894, which affirmed an order of Special Term awarding alimony and counsel fees to the plaintiff. The nature of the action and the facts, so far as material, •are stated in the opinion. The order of the General Term is appealable to this court. (Collins v. Collins, 80 N. Y. 1.) The court was without jurisdiction to grant this order.
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Appeal from order of the General Term of the Supreme 'Court in the second judicial department, made May 14, 1894, which affirmed an order of Special Term awarding alimony and counsel fees to the plaintiff. The nature of the action and the facts, so far as material, •are stated in the opinion. The order of the General Term is appealable to this court. (Collins v. Collins, 80 N. Y. 1.) The court was without jurisdiction to grant this order. (Cutler v. Wright, 22 N. Y. 471; Lorillard v. Clyde, 86 id. 384; Allen v. Patterson, 7 id. 476; Prindle v. Caruthers, 15 id. 425 ; Angell v. Van Schaick,…
1Opinion of the CourtO’Brien, J.
The plaintiff in this action seeks to obtain against her husband, the defendant, an absolute divorce on the-ground of adultery. The court at Special Term made an order, which has been affirmed on appeal, directing the payment to the plaintiff by the defendant of the sum of 1250-counsel fee besides $100 per month alimony for the maintenance of the plaintiff and the two children of the marriage,, residing with her in this state, during the pendency of the action.
The only question presented by this appeal is whether the court had the power to make the order. It is alleged in the complaint that…
2Cited by25 opinions
- Usher v. UsherAppellate Division of the Supreme Court of the State of New York · 1973
- Unanue v. UnanueAppellate Division of the Supreme Court of the State of New York · 1988
- David-Zieseniss v. ZiesenissNew York Supreme Court · 1954
- Post v. PostAppellate Division of the Supreme Court of the State of New York · 1912
- Oettgen v. OettgenNew York Supreme Court · 1949
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