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Hudnall v. Hudnall

130 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1911-05-26 English

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p. 1116
HUDNALL v. HUDNALL.
(Supreme Court, Appellate Division, First Department.
May 26, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Florence B. Hudnall against Edward Hudnall. From the judgment, defendant appeals. Modified and affirmed. See, also, 130 N. Y. Supp. 1115 . John Macgregor, for appellant. Charles S. Simpkins, for respondent.

The allowance of counsel fee after the services were performed was unjustifiable by any provision of the Code of Civil Procedure, and therefore the judgment should be modified, -by striking out the counsel fee, and, as modified, affirmed, without costs.

DOWLING, J., dissents, in so far as the judgment below is affirmed.