McArdle v. McArdle

In an action by the plaintiff for separation, wherein the defendant counterclaimed for a judgment of separation, appeal from a default judgment dismissing plaintiff’s complaint and awarding the defendant judgment of separation dismissed. On *768appeal from order denying plaintiff's motion to vacate a default judgment and to strike the case from the calendar, order affirmed, without costs. In our opinion, the judgment here entered was by default and is not appealable. The plaintiff by her subsequent motion so construed it. The motion to vacate this default was properly denied in the absence of a…