Thorne v. Thorne

Final judgment of divorce was entered in favor of defendant on July 25, 1922. Plaintiff appealed therefrom to this court, and *56on May 29, 1924, said judgment was affirmed by order entered on that day. On May thirtieth the defendant died, before remittitur to the county clerk or entry of judgment thereon. Plaintiff contends that this court cannot direct entry of judgment nunc pro tunc upon said order, on the ground that the action abated on the death of the defendant. To support such contention plaintiff cites Matter of Crandall (196 N. Y. 127); Bryon v. Bryon (134 App. Div. 820); Hunt v. Hunt…