Simonds v. Simonds
New York Supreme Court
Appeal from special term, Montgomery county. Action, by George O. Simonds against his wife, Soudie M. Simonds, for a divorce on the ground of adultery. Cross-bill by defendant on the same ground. Defendant filed motion for alimony and counsel, which was denied, with leave to renew. On second motion an order was made refusing alimony, but allowing $150 for counsel and expense.
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Appeal from special term, Montgomery county. Action, by George O. Simonds against his wife, Soudie M. Simonds, for a divorce on the ground of adultery. Cross-bill by defendant on the same ground. Defendant filed motion for alimony and counsel, which was denied, with leave to renew. On second motion an order was made refusing alimony, but allowing $150 for counsel and expense. Thereupon another motion for alimony, support, and additional allowance was granted, and plaintiff appeals.
1Opinion of the CourtLearned, P. J.
This is an action for divorce on the ground of adultery. The defendant denies the adultery, and also alleges adultery on plaintiff’s part. The defendant made a motion, December 3, 1889, for alimony and counsel. The motion .was denied, with leave to renew. The .learned justice (Judge Putnam) wrote an opinion explaining his reasons. In pursuance of such leave the defendant made a second motion of the same kind, before tho same justice, January 7, 1890. numerous affidavits were used on each side. *607The learned justice wrote another opinion. He denied the motion for alimony, but granted the…
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