Martindell v. Martindell

The opinion of the court was delivered by

Jacobs, J.

The defendant appealed to the Appellate Division from an order of the Chancery Division which granted a retroactive increase of alimony to the plaintiff and awarded a counsel fee to her attorneys. The defendant’s notice of appeal was filed eight days beyond the period prescribed in the rules and the Appellate Division denied a motion for extension under R. R. 1:27B. We granted certification on the defendant’s application.

In 1921 the plaintiff married the defendant and in 1933 she divorced him. Custody of their three children (Edna M., Robert…