Bishop v. Bishop

The defendant moves to dismiss the complaint herein under rule 106 of the Buies of Civil Practice on the ground that the complaint on its face fails to state facts sufficient to constitute a cause of action. The complaint alleges that an action for separation has been commenced by the plaintiff wife against the defendant husband, and that such action is pending and undetermined; that on August 4, 1952, an order in the separation action was made and entered granting the plaintiff the sum of $35 a week as temporary alimony; that the defendant at the time the said separation action accrued and…