Waddey v. Waddey

The defendant moves for a modification of the1 final judgment of divorce entered herein on May 25, 1928, to eliminate therefrom the provision for the payment of alimony for the support of the plaintiff. The application is made upon the claim that plaintiff is habitually living with another man and holding herself out to be his wife, although not married to him. Section 1159 of the Civil Practice Act, as amended by chapter 161 of the Laws of 1938, effective March 26, 1938, provides as follows: “Modification of judgment or order in action for divorce brought by wife. Where an action for divorce…