McCarthy v. . McCarthy
New York Court of Appeals
Appeal from order of the General Term of the” Supreme Court in the fourth judicial department, made February Y, 1893, which affirmed an order of Special Term, denying a motion by plaintiff for counsel fees and an extra allowance in an action for divorce. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the” Supreme Court in the fourth judicial department, made February Y, 1893, which affirmed an order of Special Term, denying a motion by plaintiff for counsel fees and an extra allowance in an action for divorce. The facts, so far as material, are stated in the opinion. The denial of plaintiff’s motion for an allowance of counsel fees having proceeded upon the sole ground, as recited in the order, that the court did not possess the power to make such allowance, a question of law is presented which is reviewable here. (Tilton v. Beecher, 59 N. Y. 176;…
1Opinion of the CourtGray, J.
This appeal is from an order of the General Term affirming an order, which denied, for want of power in the court, the plaintiff’s motion “ for counsel fees and extra allowance of costs in addition to plaintiff’s taxable costs and disbursements.” The action was by a wife to obtain a divorce from her husband, and when this motion was made the referee had reported in favor of the plaintiff, and his report had been confirmed. By his report the defendant was required to pay alimony to the plaintiff every year, commencing from the institution of the action. 27o motion had been previously made for…
2Cases cited1 opinion
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
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- Loveren v. LoverenCalifornia Supreme Court · 1894
- Smith v. SmithSupreme Court of Florida · 1925
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