Newell v. Newell

This was an action for divorce and alimony. Defendant appeared generally, first, by application for extension of time in which to answer, and, second, by filing an answer to the merits. Upon application by plaintiff, defendant was ordered to pay certain sums of money for temporary alimony, suit money and attorney’s fees. This he failed to do, and, upon motion, the court ordered his answer to be stricken from the files. That order was erroneous. McNamara v. McNamara, 86 Neb. 631. No exception was taken to the decision, and no appeal was taken from the final decree of divorce and alimony, which…