p. 611Caro Wilhelm, Respondent, v. Emil Wilhelm, Appellant, Impleaded with Minnie Wilhelm.
Headnote
Order affirmed, with ten dollars costs and disbursements.All concurred, except Mc-Lennan, J., who dissented, and Laughlin, J., who dissented in memorandum. Appeal from an order of the Monroe Special Term, entered in the Monroe county clerk’s office on the 27th day of November, 1900.—
(dissenting) : Here the wife is not involuntarily compelled to litigate. She, herself, brings the action and for relief purely statutory and unknown to the common law. Neither the statute nor the common law authorizes the allowance of alimony in an action by the wife to annul a subsequent marriage of her husband. McLennan, J., concurred.