Schuster v. Schuster

Plaintiff brought an action for divorce against her husband. The husband did not interpose an answer. Plaintiff requested the clerk of the Supreme Court in Queens county to place the case upon the calendar for hearing as an uncontested divorce action. She submitted the original summons and complaint, with proof of service, affidavit of regularity and a note of issue for December 23, 1931. She did not tender the calendar fee of twenty dollars which the clerk insisted should be paid pursuant to subdivision 2 of section 1557-a of the Civil Practice Act (added by Laws of 1923, chap. 383, as amd.…