Opinion
October 25, 1943.
Appeal from an order denying plaintiff's motion for alimony and counsel fee in an action for separation. Order modified on the law and the facts by striking out the word "denied" and inserting in place thereof a provision granting the motion to the extent of allowing a counsel fee of $100, payable within ten days from the entry of the order hereon. As thus modified, the order is affirmed, with ten dollars costs and disbursements to the appellant. The plaintiff made out a prima facie case entitling her to a trial of her claimed grievances, for which she is entitled to a counsel fee. There is no sufficient showing warranting any alimony pendente lite. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.