Waterman v. Waterman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore H. Waterman, from so much of an order of the Supreme Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Albany on the.5th day of July, 1911, resettling a former order entered in said clerk’s office on the 23d day of June, 1911, as allows plaintiff $500 counsel fees in an action for separation.
1Opinion of the Court
Kellogg, J.:
The appeal is based upon the theory that the plaintiff having ample means of her own, the court has not power in an action for separation to grant her counsel fees, and Lake v. Lake (194 N. Y. 179) is relied upon as sustaining that contention. The affidavits disagree as to the means and income of the parties, but we. must assume that the court, in exercising its discretion has found the facts favorable to the plaintiff. We may, therefore, assume that the plaintiff has an income from her father’s estate of $150 per month. Upon her death the fund from which the income is derived…
2Cases cited1 opinion
- Lake v. . LakeNew York Court of Appeals · 1909
3Cited by4 opinions
- Walker v. WalkerAppellate Division of the Supreme Court of the State of New York · 1962
- Ernst v. ErnstNew York Supreme Court · 1963
- Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912
- Crowell v. CrowellAppellate Division of the Supreme Court of the State of New York · 1918