Emerson v. Emerson — 35 N.Y.S. 1106

Majority

p. 1106

EMERSON, Appellant, v. EMERSON, Respondent.

(Supreme Court, General Term, First Department.

November 15, 1895.)

Headnote

Action by Emily A. Emerson against Jesse M. Emerson, Jr., for divorce. From an order denying plaintiff’s motion for an allowance for counsel fees, to resist a motion made by defendant for a reduction of alimony, plaintiff appeals. For former reports, see 22 N. Y. Supp. 684 , and 26 N. Y. Supp. 291 , 292.

Edward ,G. Black, for appellant. Charles J. Hardy, for respondent.

Even if the court could entertain this motion, our examination of the record leads to the conclusion that the discretion of the special term was not improperly exercised in refusing to allow a counsel fee to the plaintiff, to be employed in securing counsel to oppose defendant’s motion. The order should be affirmed, with $10 costs and printing disbursements.