Allen v. Allen
New York Supreme Court
Motion by plaintiff for alimony pending the action, and for a counsel fee to prosecute the same. The action was brought by Priscilla Allen against her husband, George W. Allen, for a divorce annulling the marriage contract upon the ground that he was physically incapable of entering into the marriage state. The complaint alleged the marriage of the parties at the city of Mew York, on the 15th day of May, 1879, and residence in this state.
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Motion by plaintiff for alimony pending the action, and for a counsel fee to prosecute the same. The action was brought by Priscilla Allen against her husband, George W. Allen, for a divorce annulling the marriage contract upon the ground that he was physically incapable of entering into the marriage state. The complaint alleged the marriage of the parties at the city of Mew York, on the 15th day of May, 1879, and residence in this state. It then alleged the defendant’s physical incapacity of entering into the marriage state, and gave the facts thereof, which were known to him and unknown to…
1Opinion of the Court
Doitohue, J. granted the motion and referred it to hon. ¡Nathaniel Jarvis, Jr. (the referee already in the case, to try and determine the issues), to fix the amount.
An order was thereupon entered on the 21st day of January, 1880, referring it to Mr. Jarvis “ to fix the amounts of such alimony and counsel fee, and that he report the amounts so fixed by him to this court forthwith.”
On the 5th day of February, 1880, the referee reported and fixed the sum of $250 counsel fee, and five dollars per week alimony, which report was confirmed by the court.
2Cited by3 opinions
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Gore v. GoreAppellate Division of the Supreme Court of the State of New York · 1905
- Gore v. GoreAppellate Division of the Supreme Court of the State of New York · 1905