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Emerson v. Emerson

70 N.Y. St. Rep. 883 Court N.Y. Sup. Ct. Decision date 1895-11-15 English

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Majority

p. 883
Emily A. Emerson, App’lt, v. Jessie M. Emerson, Resp’t.
Sup. Ct., 1 D.
November 15, 1895.

Headnote

Appeal 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.
Edward G. Black, for app’lt; Charles J. Hardy, for resp’t.

Even if the court could entertain this motion, our examina_ tion 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 he employed in securing counsel to oppose defendant’s motion. The order should he affirmed, with $10 costs and printing disbursements.