Smith v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904

Appellate Division of the Supreme Court of the State of New York · decided 1904-03-15

Appeal by the defendant, Arthur L. J. f3mjth, from an order of the Supreme, (p.ourt, made at the Hew York Special Term and entered in $§ office of the clerk of the county of, HeV York on the 6th day of January, 1901, awarding to the plaintiff a cpunsel fee and temporary alimony.

Decided 1904-03-15

McLaughlin, J.

¶1(dissénting):

¶2I dissent. Upon the facts set out in this record, I do, not think the court should have allowed counsel fee..-

¶3■ Van Brunt, P. J., concurred.

¶4Order modified by allowing counsel fees and striking out provision for payment of alimony, without costs to either party.