Colt v. Colt

In this action for a separation, plaintiff claims to be the common-law wife of the defendant. Defendant denies existence of any marriage. Special Term granted plaintiff’s motion for temporary alimony and counsel fee only to the extent of designating an official referee “ to take proof and report to the court with his opinion, with all convenient speed, as to whether the plaintiff possesses a reasonable probability of success in this action. * * *,” and allowing plaintiff $100 a week temporary alimony until the termination of the reference, and $350 counsel fees.

We think that this procedure…