Beauley v. Beauley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Beauley, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of November, 1921, granting defendant’s motion for counsel fee, and by defendant, Harriet W. Beauley, from so much/of said order as fixes the amount of counsel fees of the defendant herein at $2,000 less the previous payment of $450.
1Per curiam
From the record in the case it is clear that this counsel fee was granted to pay the defendant’s attorneys for past services. The law is well settled that such an order is not authorized unless it be necessary to enable the party to further defend or prosecute, as the case may be. There is nothing in the papers which shows such a necessity. In the final judgment, if the defendant succeeds, she can receive compensation for the moneys paid to her attorney, or it may be that the attorney has a right of action against the plaintiff for moneys so expended as for necessaries. But this order was…
2Cases cited1 opinion
- Beauley v. BeauleyAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by3 opinions
- Parkas v. ParkasAppellate Division of the Supreme Court of the State of New York · 1942
- Holt v. CarrNew York Supreme Court · 1939
- Zinn v. ZinnNew York Supreme Court · 1940