Majority
p. 287Hattie E. Bucki, Resp’t, v. Charles E. Bucki, App’lt. (Supreme Court. General Term, First Department, Filed June 30, 1893.)
Headnote
Divorce—Alimony."Where the allegations of the complaint in. an action for divorce, if supported by evidence on the trial, will entitle the plaintiff to the judgment prayed for, a case is presented, in the exercise of a proper judicial discretion, for an allowance of costs and alimony.
Appeal from order granting a motion for alimony pendente lite and a counsel fee.
Vanderpoel, Cuming & Goodwin (Delos McCurdy, of counsel), for app’lt; Howe & Hummel (Austen G. Fox, of counsel), for resp’t.
The allegations in the complaint, if supported by evidence on the trial, will entitle plaintiff to the judgment prayed for. A situation therefore, was presented on the motion which authorized the court, in the exercise of a proper judicial discretion, to make an allowance for costs and alimony pending
p. 288
the action. The amount awarded was justified, we think, by the affidavits before the court. ' The order appealed from, should be affirmed, with ten dollars costs and disbursements.
Yan Brent, P. J., Follett and Parker, JJ., concur.