Opinion
01-07-1886
MOON v. MOON.
Andrew Jas. Smith, for the motion. C. J. Rutgers, contra.
Andrew Jas. Smith, for the motion.
C. J. Rutgers, contra.
BIRD, V. C. After a good deal of attention to this case, T am quite clear that the motion to set aside the order allowing the petitioner to prosecute his suit in forma pauperis ought to prevail; and I am satisfied that the discretionary power given to the court by the statute can be exercised in revoking an order, as well as in making one. I have come to the conclusion that the petitioner ought to be ordered to pay alimony to the defendant. As the case now stands before me, I am justified in this. Since he is doing nothing towards her support, he can do something towards enabling her to make defense to his suit. I will advise that he pay two dollars per week to her or to her solicitor, at the termination ofeach and every week from and after the first day of January, A. D. 1886. I will not advise a counsel fee at this stage. The petitioner is entitled to costs.