Quaid v. Quaid

In an action for a separation, the appeal is from, an order denying appellant’s motion to vacate a judgment entered after inquest upon his default in pleading and to permit him to serve an answer. Order reversed, without costs, and motion granted, without costs, with leave to appellant to serve an answer within 10 days after the entry of the order hereon. Appellant claimed that the default in pleading occurred despite instructions to his attorney to defend the action. Even in eases of defaults which are not inadvertent, courts are reluctant to enforce defaults in pleading in matrimonial…