Cann v. Cann

The plaintiff has moved, in this action for a separation, to obtain an injunction pendente lite restraining the prosecution by the defendant of a suit for divorce subsequently initiated by him in the State of Arkansas. Service of the motion papers was made in December, 1953, upon the attorney of record for the defendant in the separation action in pursuance of an order to show cause permitting such service.

The attorney upon whom the moving papers were served avers that his client left the State of New York in September, 1953, and that he no longer represents the defendant, and that…