Tranter v. Tranter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sefton Tranter, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of July, 1919, upon the decision of the court after a trial at the Kings County Special Term, as orders defendant to pay $150 as a counsel fee.
1Opinion of the Court
Jenks, P. J.:
The defendant appeals from the part of the interlocutory judgment for absolute divorce against him that orders him to *715pay $150 “ as and for an extra allowance of costs and counsel fee herein.” When plaintiff moved for confirmation of the referee’s report, she also moved for an extra allowance of counsel fee and costs.
The general rule is that the basis of a counsel fee is necessity prospective at the time of the application. The courts have awarded such fees to discharge past obligations when it has seemed necessary to carry on the action. (Beadleston v. Beadleston, 103 N. Y. 402;…
2Cases cited1 opinion
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
3Cited by4 opinions
- Kaufmann v. KaufmannSuperior Court of Pennsylvania · 1921
- Stillman v. StillmanAppellate Division of the Supreme Court of the State of New York · 1922
- Sokolow v. SokolowNew York Supreme Court · 1961
- Nottingham v. NottinghamAppellate Division of the Supreme Court of the State of New York · 1924