Waddey v. Waddey

In 1928 appellant obtained a divorce from respondent. The judgment provided for weekly alimony payments. In 1938 (L. 1938, eh. 161) the Legislature of this State enacted a statute (now Civ. Prac. Act, § 1172-c, second sentence) which empowered the court in its discretion to modify a judgment of divorce by striking out its alimony provisions “ upon proof that the wife is habitually living with another man and holding, herself out as his wife, although not married to such man.” The courts below, on sufficient proof have found that appellant was, on March 26, 1938 (the effective date of the…