Chaffee v. Rahr

Section 1513 of the Civil Practice Act authorizes the court in its discretion to award to either party in a difficult and extraordinary case, where a defense has been interposed, an additional allowance not exceeding (§ 1514) in the aggregate $2,000; it is under this statute that defendants apply for such an allowance. The request is opposed by plaintiff who challenges the power of the court to make such an award under the conditions which prevailed here. The point is made that before this statute is operative there must be a trial, on the merits, of the issues raised by the answer. As an…