Cohen v. Cohen
New York Court of Common Pleas
Action by Bernard Cohen against Carrie Cohen for divorce. Defendant moves for an allowance for counsel fees to enable her to defend the action. Granted.
1Opinion of the CourtGiegerigh, J.
This is an application by the wife for counsel fees to enable her to defend the action, which is brought by the husband for a divorce on the ground of adultery. Where the wife denies on oath the charge, she is entitled to such allowance, even though the affidavits read on the part of the husband show her guilt (Osgood v. Osgood, 2 Paige, 621; Hallock v. Hallock, 4 How. Pr. 160; Frickel v. Frickel, 4 Misc. Rep. 382, 24 N. Y. Supp. 483),, “unless,” as was said by Judge Gildersleeve in the case last cited, “it appears clear beyond reasonable doubt that the ultimate success-of the husband in the…
2Cases cited4 opinions
- Osgood v. OsgoodNew York Court of Chancery · 1831
- Purcell v. PurcellNew York Court of Chancery · 1838
- Frickel v. FrickelThe Superior Court of the City of New York and Buffalo · 1893
- Hallock v. HallockNew York Supreme Court · 1849
3Cited by5 opinions
- Farrar v. FarrarCalifornia Court of Appeal · 1920
- People v. Brady, New York Court of Session, Albany County1895
- Wallman v. WallmanNevada Supreme Court · 1924
- Brown v. BrownNew York Supreme Court · 1914
- Dean v. DeanNew York Supreme Court · 1905