Clarke v. Clarke

This is a motion by the defendant husband in a matrimonial action to dismiss the complaint for plaintiff’s failure to diligently prosecute or, in the alternative, that the plaintiff be directed to place the case on the calendar for trial.

Issue was joined in November, 1956. Thereafter, various corrective motions were addressed to the pleadings. Then a motion by the plaintiff for temporary alimony and a counsel fee was granted. The defendant has been in default in making any payments to date. In March, 1957 the court granted sequestration. In May, 1957 the defendant, still in total default of…