Nottingham v. Nottingham

Davis, J.:

The action is for an absolute divorce. The referee found in defendant’s favor on the issues. The court at Special Term denied *463her motion to confirm and granted á new trial. No allowance for counsel fees or expenses in defending had been made. The plaintiff on a previous motion for such relief had pleaded his inability to pay. That motion was denied with leave to renew. This motion was for leave to examine plaintiff and others as to his ability to pay, and for an allowance.

As the action stood at that time, we think the order should have been granted. Defendant had taken an appeal to…