Opinion
October 25, 1943.
In an action for separation based on cruel and inhuman treatment and abandonment, plaintiff made a motion for temporary alimony and counsel fees. The motion was denied. The affidavits established a prima facie case. Moreover, the defendant's answer set forth a counterclaim seeking a decree of absolute divorce. Plaintiff was therefore faced with the necessity of defending her good name and reputation and should have been granted temporary alimony and counsel fees. Order reversed on the law and the facts, without costs, and the motion granted to the extent of allowing temporary alimony from August 3, 1943, at the rate of $70 per month, payable semimonthly; and counsel fees in the sum of $125, one half payable within ten days from the entry of the order hereon, and the balance before the day of trial. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.