Jones v. Brinsmade — 93 N.Y.S. 674

Majority

p. 674

JONES v. BRINSMADE.

(Supreme Court, Appellate Division, First Department

May 5, 1905.)

Headnote

Appeal—Questions Review able.

A question not raised upon the argument of an appeal will not be considered.

[Ed. Note.—For cases in point, see vol. 3, Cent Dig. Appeal and Error, §§ 4256-4261.]

Appeal from Special Term, New York County.

Action by Jessie M. Jones against Charles L. Brinsmade. Prom an order awarding counsel fee and alimony, defendant appeals. Affirmed.

Argued before VAN BRUNT, P. J., and HATCH, McLAUGHLIN, O’BRIEN, and INGRAHAM, JJ.

J. C. Bergen, for appellant.

W. M, Wherry, for respondent.

No question having been raised upon the argument of this appeal as to the amount awarded for alimony and counsel fee, that question is not before us. We think, however, that for the reasons stated in the opinion in the case of Gore v. Gore (App. Div., 3d Dept., March, 1905) 92 N. Y. Supp. 634 , the court had power to make the order, and it should be affirmed, with $10 costs and disbursements.