Aldrich v. Aldrich — 26 N.Y.S. 344

Majority

p. 344

ALDRICH v. ALDRICH.

(Supreme Court, General Term, Third Department.

December 6, 1893.)

Headnote

Divorce—Alimony and Counsel Fees.

An order granting alimony and counsel fees will not be disturbed on appeal unless it clearly shows that the court abused its discretion.

Appeal from special term, St. Lawrence county.

Action by Mary Aldrich against Heman Aldrich for separation, on the ground of cruel and inhuman treatment. From an order awarding plaintiff $100 for expenses and counsel fees, and $5 per week for her support during the pendency of the action, defendant appeals.

Affirmed.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

Forrest K. Moreland, for appellant.

John M. Kellogg, for respondent.

Orders of the kind appealed from are very largely in the discretion of the special term. From an examination of the affidavits upon which this order was granted and the pleadings in the case, it does not clearly appear to me that the special term abused the discretion vested in it, and therefore I think that the order appealed from should be affirmed. Let an order be entered accordingly, with $10 costs and printing and other disbursements. All concur.