McBride v. . McBride
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 28,1890, which reversed an order of Special Term denying a motion for alimony and counsel fees pending appeal from final judgment. The nature of the appeal and the material facts are stated in the opinion. The order of the General Term is appealable.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 28,1890, which reversed an order of Special Term denying a motion for alimony and counsel fees pending appeal from final judgment. The nature of the appeal and the material facts are stated in the opinion. The order of the General Term is appealable. (S. Bank v. Alberger, 78 N. Y. 252; E. L. Co. v. Stevens, 63 id. 341.) The construction given to the statute by the General Term respecting the allowance of alimony and counsel fees cannot be sustained. (2 B. S. chap. 8, §§ 58, 59; Code Civ.…
1Opinion of the CourtFinch, J.
The Special Term denied a motion for a temporary allowance and counsel fee in an action for a divorce, upon the ground that final judgment had been rendered for the plaintiff, awarding to her alimony and costs; and that, although the defendant had appealed from that judgment and procured a stay of proceedings, and the wife had no means of support or for defending the appeal available in the emergency, yet the court was without power to grant her the desired relief. The ^General Term reversed this order, holding that power existed to make the allowance sought, although judgment had been…
2Cases cited1 opinion
- Kamp v. . KampNew York Court of Appeals · 1874
3Cited by34 opinions
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- Ex Parte LohmullerTexas Supreme Court · 1910
- Bordeaux v. BordeauxMontana Supreme Court · 1904
- Maxwell v. MaxwellWest Virginia Supreme Court · 1910
- Lewis v. LewisWashington Supreme Court · 1915
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