Douglas v. Douglas
New York Supreme Court
Motion for allowance of alimony and counsel fees in an action for a limited divorce.
1Opinion of the CourtBrady, J.
In actions for limited divorce it is a matter of discretion, not of course, whether alimony shall be allowed. It should appear, from an examination of the proofs submitted, that there is a meritorious cause of action and a reasonable probability of the plaintiff’s success (Hollerman v. Hollerman, 1 Barb., 64; Bissell v. Bissell, Id., 430; Solomon v. Solomon, 28 How. Pr., 218; Carpenter v. Carpenter, 19 Id., 537; Boubon v. Boubon, 3 Robt., 715).
This application is marked by a decided conflict of evidence as to nearly all the charges on which the plaintiff’s case rests, and thus too much doubt…
2Cases cited2 opinions
- Hollerman v. HollermanNew York Supreme Court · 1847
- Solomon v. SolomonThe Superior Court of New York City · 1863