New York Court of Appeals

Grace M. Lake, Respondent v. L. Frank Lake, Appellant

January 26, 1909194 N.Y. 179

Summary

The New York Court of Appeals reversed the lower court's order requiring the husband to pay counsel fees to the wife for a motion to set aside a divorce judgment, holding that the statutory power to award such fees exists only while the marital relationship persists and the wife must show necessity and lack of means, which she failed to do.