General
Anna G. Graves, Appellant, v. George W. Graves, Respondent
143 A.D. 923·New York Supreme Court, Appellate Division·1911·NY
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Opinion
Anna G. Graves, Appellant, v. George W. Graves, Respondent.
Husband and wife — alimony.
Appeal from an order, entered on the 23d day of February, 1911, denying a motion for alimony during pendency of action.
[MAJORITY — Per Curiam :]
Per Curiam :
The order appealed from should be reversed, with ten dollars costs and disbursements, and motion granted to the extent of allowing plaintiff fifteen dollars per week alimony pendente lite. Present — Ingraham, P. J., McLaughlin, Scott, Miller and Dowling, JJ. McLaughlin, J., dissented.
[DISSENT — McLaughlin, J. (dissenting):]
McLaughlin, J. (dissenting):
I dissent. The facts are uncontradicted that the plaintiff has between $6,000 and §7,000 in property, including §500 in cash. Under the authority of Lake v. Lake (194 N. Y. 179) the court hás no power, under such circumstances, to grant her alimony. Order reversed, with ten dollars costs and disbursements, ,and motion granted to extent stated in opinion. Settle order on notice.