Wheelock v. Wheelock
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Botein, J. P.
Plaintiff wife brought an action for separation in 1934. On September 18,1935 an order was entered on consent pursuant to which the defendant husband was to make support payments to the wife of $35 per week. He did not pay and was held in contempt. However, plaintiff failed to take any steps to bring the matter to trial, and on January 9, 1939 the case was marked off the calendar. One year later, plaintiff having made no effort to restore the case to the calendar, it was deemed abandoned and the complaint dismissed pursuant to subdivision 8 of rule VIII of the Special Terms Rules…
2Cases cited10 opinions
- Griffin v. GriffinSupreme Court of the United States · 1946
- Kamp v. . KampNew York Court of Appeals · 1874
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- Polizotti v. PolizottiNew York Court of Appeals · 1953
- In re ThrallAppellate Division of the Supreme Court of the State of New York · 1896
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- Fonfa v. FonfaAppellate Division of the Supreme Court of the State of New York · 1976
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