Lytwinick v. Lytwinick

This action for annulment or divorce and custody of a minor child was brought by the plaintiff-husband by writ returnable the first Tuesday of March, 1959. Defendant-wife, by motion dated March 31, 1959, requested an allowance to defend, but this motion was not heard in open court, being, instead, discussed informally in chambers with the result that it was decided by counsel to allow the motion to go off and renew it at time of trial. It is undoubtedly true that defendant’s counsel performed valuable services for defendant both before and after this discussion for which he expected…