Smith v. Smith

Motion by plaintiff for an order directing the defendant to pay counsel fees and the expenses necessarily to be incurred in prosecuting an appeal from a judgment of this court dismissing her complaint. Her action was brought for a separation and for a judgment declaring the invalidity of a decree of divorce obtained against her by the defendant in Florida.

It is not the function of this court to review the determination of another justice of co-ordinate jurisdiction, but since plaintiff, to obtain counsel fees and expenses, must show a reasonable probability of success, it will be necessary to…