Moon v. Moon

New Jersey Court of Chancery

Moon v. Moon

43 N.J. Eq. 403

CourtNew Jersey Court of Chancery

DecidedOctober 15, 1887

StatusPublished

Cited by1 cases

This text of 43 N.J. Eq. 403 (Moon v. Moon) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moon v. Moon, 43 N.J. Eq. 403 (N.J. Ct. App. 1887).

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Opinion

Bird, Y. C.

After a good deal of attention to this case, I 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 (Rev. 319 § 33), can be exercised in revoking such 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 [404]*404stands before me I am justified in this. Since he is doing nothing towards her support, he can .do something towards enabling her to make defence to his suit.

I will advise that he pay $2 per week to her, or to her solicitor, at the termination of each and every week from and after the 1st' day of January, A. D. 1886. I will not advise a counsel fee at this stage. The petitioner is entitled to costs.

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Bird, Y. C.

After a good deal of attention to this case, I 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 (Rev. 319 § 33), can be exercised in revoking such 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 [404]*404stands before me I am justified in this. Since he is doing nothing towards her support, he can .do something towards enabling her to make defence to his suit.

I will advise that he pay $2 per week to her, or to her solicitor, at the termination of each and every week from and after the 1st' day of January, A. D. 1886. I will not advise a counsel fee at this stage. The petitioner is entitled to costs.

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Bluebook (online)

43 N.J. Eq. 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moon-v-moon-njch-1887.

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