Rogers v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Rogers, 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 16th day of July, 1900, granting the plaintiff alimony and counsel fees.
1Per curiam
It may be that the affidavits objected to were not properly authenticated within the ruling of this court in Turtle v. Turtle (31 App. Div. 49). But that objection was not taken upon the hearing of the motion, and for that reason the defendant cannot avail himself of it here. The affidavits are sufficient to warrant the conclusion reached by the court below as to the right of the plaintiff *196to alimony and counsel fees, and the motion, therefore, was properly granted.
The order should be affirmed, ' with ten dollars, costs and disbursements. ■ . ■ . .
Present —Van Brunt,- P. J., Rumsey, Ingraham,…
2Cases cited1 opinion
- Turtle v. TurtleAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Udisky v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1942