Moriarty v. Moriarty
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action for divorce by Doretta B. Moriarty against Jeremiah J. Moriarty. Defendant appeals from an order directing the payment of alimony pendente lite and counsel fees.
1Opinion of the CourtTrttax, J.
The action is brought to obtain an absolute divorce on the ground of the adultery of the defendant. Alimony will not be granted in every action for divorce a vinculo brought by a wife against her husband. The plaintiff is bound, said the court of appeals in Collins v. Collins, 71 N. Y. 275, to present a case to the court showing that she has a fair prospect of success in the action. In the action at bar, no such ease was presented. The moving papers do not contain a single allegation relating to the adultery of the defendant worthy a moment’s consideration by a court of justice. There are…
2Cases cited2 opinions
- Collins v. . CollinsNew York Court of Appeals · 1877
- Martin v. GrossThe Superior Court of the City of New York and Buffalo · 1889
3Cited by1 opinion
- Michelson v. MichelsonNew York Supreme Court · 1912