Evans v. Evans

Appeal by defendant from an order granting motion of plaintiff for an injunction pendente lite and denying the cross motion of defendant, appearing specially, to vacate service of the summons and complaint in an action to enjoin defendant from prosecuting a suit for divorce in another State. Order reversed on the law, without costs, the motion of plaintiff denied, and the motion of defendant granted, without costs. The defendant appeared specially in moving to vacate. (Muslushy v. Lehigh Valley Coal Co., 225 FT. Y. 584, 587.) It appears to be undisputed that plaintiff failed to procure an…