Buckley v. Buckley

Plaintiff moves to strike out the separate defenses pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, and for judgment pursuant to section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice.

Plaintiff and one of the defendants entered into a separation agreement in 1932 and since that time has secured two judgments against him in substantial amounts representing unpaid alimony. Except for a small sum the judgments are unpaid after return of execution unsatisfied and it is admitted that defendant has no property other than the income derived from the…