Williams v. Hutchinson

• Bure, J.

Betitioner is the defendant in an action brought by his wife for divorce and alimony. On June 10, 1939, judgment was entered against the defendant. He was ordered to pay $150 as of June 1, 1939, and $150 on July 1, 1939, as alimony and maintenance for the wife and children and $100 on July 1 for counsel fees. Defendant paid his wife $100 on June 1, 1939, and $100 on July 1, 1939, but made no further payments.

On July 6, 1939, defendant served on counsel for the plaintiff notice of motion to settle the statement of the case for the purpose of appeal, the motion to be heard July 24. On…