Gore v. Gore
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, St. Lawrence County. Action by Ellen E. Gore against Franklin P. Gore. From an order (89 N. Y. Supp. 902) directing defendant to pay to the plain- ■ tiff counsel fees, defendant appeals. Affirmed.
1Opinion of the CourtSmith, J.
The object of the action is the annulment of marriage on the ground of defendant’s impotency. The Special Term denied the plaintiff temporary alimony, but granted an allowance. Defendant here questions, not the amount of the allowance, but the power of the court to grant it.
Notwithstanding the fact that the provisions.of the Code in terms authorize the granting of alimony and counsel fee only in actions for divorce or separation, the law is now settled in this state that the same power exists, in actions for the annulment of marriage, as incidental to the jurisdiction of the court over such…
2Cases cited5 opinions
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Higgins v. . SharpNew York Court of Appeals · 1900
- Bloodgood v. BloodgoodNew York Court of Common Pleas · 1880
- Meo v. MeoNew York Supreme Court · 1888
- Allen v. AllenNew York Supreme Court · 1880
3Cited by2 opinions
- Wigder v. WigderNew Jersey Court of Chancery · 1936
- Jones v. BrinsmadeAppellate Division of the Supreme Court of the State of New York · 1905