Appellate Division of the Supreme Court of New York, 1911

Hudnall v. Hudnall

Hudnall v. Hudnall
Appellate Division of the Supreme Court of New York · Decided May 15, 1911
144 A.D. 918; 130 N.Y.S. 1116
Hudnall v. Hudnall

Opinion of the Court

.Per Curiam:

The allowance of counsel fee after the services were performed was unjustifiable by any provision of the Code of Civil Procedure, and, therefore, the judgment should be modified by striking out the counsel fee, and as modified affirmed, without costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. Dowling, J., dissented in so far as the judgment below is affirmed. Judgment modified by striking out counsel fee, and as so modified affirmed, without costs. Order to be settled on notice.

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