Staples v. Staples

McAvoy, J.:

Defendant has been continuously imprisoned in the New York county jail on Ludlow street since October 2, 1922, for failure to pay alimony to plaintiff at the rate of sixty dollars per week as directed in the final decree of divorce entered in November, 1920.

In April, 1923, when the motion was heard, he had been imprisoned for seven months. There are no children of the marriage and the decree awarding alimony was granted on default. Defendant made a motion to open his default a few days after the trial and the motion was denied.

A motion was made in February, 1921, to reduce the…