Graves v. Graves

Full title: ANNA G. GRAVES, Appellant, v . GEORGE W. GRAVES, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1911

143 App. Div. 923 (N.Y. App. Div. 1911)

Opinion

March, 1911.

Present — Ingraham, P.J., McLaughlin, Scott, Miller and Dowling, JJ. McLaughlin, J., dissented.

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.

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 has 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.