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43 N.J. Eq. 403

Moon v. Moon

New Jersey Court of Chancery

Decided October 15, 1887

New Jersey Court of Chancery · decided 1887-10-15

<p>In a proper case, the court of chancery may dispauper a petitioner who is proceeding, in forma pauperis, under its previous order, for a divorce, and order him to pay alimony to his wife.</p>

Cited by 1 later decisions — most recently September 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-15

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Bird, Y. C.

¶1After a good deal of attention to this case, I am quite clear that the motion to set aside the order allowing the petitioner to prosecute his suit in forma pauperis ought to prevail. And I am satisfied that the discretionary power given to the court by the statute (Rev. 319 § 33), can be exercised in revoking such an order as well as in making one.

¶2I have come to the conclusion that the petitioner ought to be ordered to pay alimony to the defendant. As the case now *404stands before me I am justified in this. Since he is doing nothing towards her support, he can .do something towards enabling her to make defence to his suit.

¶3I will advise that he pay $2 per week to her, or to her solicitor, at the termination of each and every week from and after the 1st' day of January, A. D. 1886. I will not advise a counsel fee at this stage. The petitioner is entitled to costs.

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