Garvin v. Garvin

Lewis, Ch. J.

This case is a sequel to prior adjudications in litigation (Garvin v. Garvin, 302 N. Y. 96) between the plaintiff and her husband who are parties to the present action. A brief preliminary reference to the prior litigation may clarify our problem.

The prior case, cited above, was an action by the present plaintiff for separation. During the pendency of that action an order was made enjoining the present defendant husband — until the entry of final judgment in the separation action — *120from proceeding with the prosecution of an action for divorce which he had instituted against…