Capes v. Capes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William P. Capes, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1916, granting plaintiff’s motion for alimony and counsel fees pendente lite.
1Opinion of the Court
Scott, J.:
The plaintiff, in support of her motion for alimony and counsel fees, presents nothing from which the court can find sufficient reason to believe that there is a fair probability that on the trial of the issues the charge of adultery against defendant will be sustained. (Merrell v. Merrell, 168 App. Div. 896.) There is nothing except the allegation in the complaint that defendant did commit the act. It is true that this is alleged as of plaintiff’s own knowledge, but, even if she has personal knowledge of the fact, which is improbable, she coixld not testify to it on the trial. (See…
2Cases cited1 opinion
- Merrell v. MerrellAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- Stillman v. StillmanNew York Supreme Court · 1921
- Burgwinkel v. BurgwinkelAppellate Division of the Supreme Court of the State of New York · 1945