Byrnes v. Owen

Rich, J.:

This appeal is from an order of the Special Term denying the motion of defendants Owen to dismiss the complaint in an action for an accounting and to compel the defendant Margaret J. Byrnes to convey certain real property to defendant Sylvester Byrnes.

The facts, which we must consider as true in passing upon this appeal, are substantially as follows: Plaintiff is the wife of the defendant Sylvester Byrnes, from whom she procured a separation on March 11, 1912. The decree in her action provided for alimony *353at the rate of $150 monthly, of which the defendant Sylvester Byrnes is alleged…