Naveja v. Naveja

Prior to the decision of the Supreme Court of the United States in Hovey v. Elliott, 167 U. S. 409, it had been held by the courts of this state that in an equity action a pleading of a party who had been adjudged guilty of contempt in failing to obey the mandate of the court might be stricken out. Walker v. Walker, 82 N. Y. 262; Brisbane v. Brisbane, 34 Hun, 339; Quigley v. Quigley, 45 id. 24; Gray v. Gray, 84 id. 347; Knott v. Knott, 6 App. Div. 590. The United States decision held to the contrary and since its rendition it has been followed in Sibley v. Sibley, 76 App. Div. 132, and Harney…