Lake v. . Lake
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 13, 1908, which affirmed an order of Special Term directing the payment of a counsel fee during the pendency of a motion to set aside a judgment for divorce. The parties to this-action were married in 1900. On October 12,1906, the plaintiff brought an action for divorce.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 13, 1908, which affirmed an order of Special Term directing the payment of a counsel fee during the pendency of a motion to set aside a judgment for divorce. The parties to this-action were married in 1900. On October 12,1906, the plaintiff brought an action for divorce. The defendant appeared by attorney and served a sworn answer denying the incriminating allegations of the complaint. By consent the issues were tried at a Special Term held November 7, 1906,…
1Opinion of the CourtChase, J.
The power of the court to require a husband to pay a sum of money to his wife to enable her to carry on or defend an action between them affecting the marriage relation is either derived from the statute (Code Civil Procedure, § 1769) or it is incidental to the statutory jurisdiction to entertain such actions. (Jones v. Brinsmade, 183 N. Y. 258.) Said section 1769 provides that “Where an action is brought, as prescribed in either of the last two articles, (for divorce or for a separation) the court may, in its discretion, during the pendency thereof, from time to time, make and modify an…
2Cases cited8 opinions
- Collins v. . CollinsNew York Court of Appeals · 1880
- McCarthy v. . McCarthyNew York Court of Appeals · 1893
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Collins v. . CollinsNew York Court of Appeals · 1877
- Osgood v. OsgoodNew York Court of Chancery · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- O'Shea v. O'SheaNew York Court of Appeals · 1999
- Fox v. FoxNew York Court of Appeals · 1933
- Steinmann v. SteinmannSupreme Court of Connecticut · 1936
- Waddey v. WaddeyNew York Court of Appeals · 1943
- Spratt v. SprattSupreme Court of Minnesota · 1921
64 more not listed; retrieve them via the Exa API.