Gilbert v. Gilbert — 15 N.Y. St. Rep. 822

Majority

p. 822

Cora R. Gilbert, Resp’t, v. Bradford L. Gilbert, App’lt.

(Supreme Court, General Term, Second Department,

Filed May 14, 1888.)

Headnote

Divorce—Allowance of alimony and counsel fees in actions for.

The granting of alimony and counsel fees in actions for divorce rests in the discretion of the court, and the rule is to allow only such sums as the husband is able to pay, and as are sufficient to properly support the wife and enable her to try the action.

This is an appeal from an order made at a special term in Westchester county directing the defendant to pay an additional sum of $150 to the attorney for the plaintiff.

William B. Davidson, for resp’t; Booraem & Hamilton, for app’lt.

—The granting of alimony and counsel fees in actions for divorce rests in the discretion of the court having in view the pecuniary condition of the parties and the good faith they respectively exhibit.

Ño encouragement should be given to suits instituted solely for the < purpose of procuring aliomny, and such suits should be speedily determined. The rule is to allow only such sums for alimony and counsel fees as the husband is able to pay, and sufficient to properly support the wife and enable her to try the cause. The plaintiff has already been allowed a counsel fee in this case of fifty dollars, no part of which has been expended in preparing the case for trial.

We think, under all the circumstances, seventy-five dollars is as much as defendant ought to pay in addition to what he has already paid.

The order below is modified by fixing the sum at seventy-five dollars, and as so modified affirmed without costs to either party.

Barnard, P. J., concurs; Dykman, J., not sitting.