New York Court of Appeals

Esther Y. McCarthy, Appellant v. Eugene McCarthy, Respondent

March 21, 1893137 N.Y. 500

Summary

The Court affirmed the lower court's denial of the wife's motion for counsel fees and an extra allowance of costs, holding that under Code of Civil Procedure §1769 the court lacks power to award such allowances when the expenses are already incurred and not necessary to enable further prosecution of the action.