¶1The court decided unanimously to reverse the order appealed from, and required the defendant to pay the plaintiff’s attorney a counsel fee and the disbursements of the action, together with the costs and disbursements of the appeal, within ten days after service of the order, thus holding an appeal by an attorney proper under section 1294 of the Code; an alloAvance to counsel under section 1769 of the Code, upon the discontinuance of a divorce case; and a discretionary order appealable to the general term when it affects a substantial right.
65 How. Pr. 411
Louden v. Louden
New York Court of Common Pleas
Decided August 15, 1883
New York Court of Common Pleas · decided 1883-08-15
This suit was for a divorce a mensa et thorog commenced by serving a summons and complaint, together with a petition and notice of motion for alimony and counsel fees. Before the return day of the motion the plaintiff and defendant amicably adjusted their differences.
Decided 1883-08-15