Schloemer v. . Schloemer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of the Special Term, Kings county, directing the payment by defendant of §250 for referee’s fees. The action was brought for absolute divorce. The defence was, no marriage. The action was referred to a referee to hear and to report the facts, with his opinion thereon.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of the Special Term, Kings county, directing the payment by defendant of §250 for referee’s fees. The action was brought for absolute divorce. The defence was, no marriage. The action was referred to a referee to hear and to report the facts, with his opinion thereon. The referee made a report, with Ms opinion, in favor of the plaintiff, and thereupon the plaintiff made a motion that the court fix temporary alimony, and order the defendant to pay the plaintiff’s attor. ney the sum…
1Per curiam
This was an action for an absolute divorce, dissolving the marriage. In that case the court may require the husband to pay any sums necessary to enable the wife to carry on the suit during its pendency, and it may decree costs against either party, and award execution for the same; or it may direct such costs to be paid out of any property sequestered or in the power of the court, or in the hands of a receiver. (2 B. S., 148, § 58.)
There is no doubt but that this suit is still pending. There is no doubt, from the papers, but that the sum ordered to be paid was necessary to enable the wife to…
2Cited by3 opinions
- Coale v. SuckertAppellate Terms of the Supreme Court of New York · 1896
- McQuien v. McQuienNew York Court of Common Pleas · 1881
- Kellogg v. StoddardNew York Supreme Court · 1903