Legal Opinion

Collins v. . Collins

New York Court of Appeals

Decided November 20, 1877PublishedCited by 31 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified an order of Special Term, granting alimony and an allowance for counsel fees. (Reported below, 10 Hun, 272.) This was an action for divorce a vinculo, on the ground of adultery. The facts appearing on the motion are sufficiently set forth in the opinion.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified an order of Special Term, granting alimony and an allowance for counsel fees. (Reported below, 10 Hun, 272.) This was an action for divorce a vinculo, on the ground of adultery. The facts appearing on the motion are sufficiently set forth in the opinion. The marriage having been questioned and not having been proved valid, plaintiff's application was sufficiently answered. (Carpenter v. Carpenter, 19 How., 539.) The marriage was not to be presumed to be valid. (N.…

1Opinion of the CourtRapallo, J.

Upon this appeal, we can only consider the question whether the plaintiff made out a case which, according to established principles of equity, authorized the court to make an order granting her alimony and expenses pendente lite. If she made out such a case, the amount of the alimony was in the discretion of the court, and the exercise of such discretion will not be reviewed here. So, it may often rest in discretion whether to award or refuse alimony under the circumstances of a particular case, and in such cases this court will not ordinarily interfere. But, where the facts are such that,…

2Cases cited1 opinion

  1. Brinkley v. . BrinkleyNew York Court of Appeals · 1872

3Cited by31 opinions

  1. Bannon v. BannonNew York Court of Appeals · 1936
  2. James v. Board of EducationNew York Court of Appeals · 1977
  3. Lake v. . LakeNew York Court of Appeals · 1909
  4. In re DoleHawaii Supreme Court · 1903
  5. Hite v. HiteCalifornia Supreme Court · 1899

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