23 N.Y.S. 16 | New York Court of Common Pleas | 1893
We are of opinion that this cause was properly disposed of by the general term of the court below, and that its judgment should be affirmed. Incidentally the wife may be the only person who derives any immediate advantage from proceedings instituted before a police magistrate under the provisions of sections 1454-1457 of the consolidation act (Laws 1882, c. 410) and section 899 of the Code of Criminal Procedure to compel the husband to provide for his wife’s support, but primarily such proceedings are instituted and prosecuted by and in behalf of the people, to secure indemnity from the husband for the expense of the wife’s support, to which they have been or may be subjected because of his failure to provide her with sufficient means. Her status in such proceedings is that of a witness only. For does the wife’s right to be represented by counsel in the prosecution of the proceedings alone determine the husband’s liability for the expense of counsel fees incurred by her. Assuming that she has the right, it still remains to show that the services of private counsel employed by the wife were necessary for the institution and proper prosecution of the proceedings. That she deemed it prudent to seek advice from and