Legal Opinion

Douglas v. Douglas

New York Supreme Court

Decided June 15, 1872Published

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

  1. Hollerman v. HollermanNew York Supreme Court · 1847
  2. Solomon v. SolomonThe Superior Court of New York City · 1863

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