Smith v. Smith

The plaintiff wife, by writ dated February 5, 1960, instituted an action against the defendant husband, claiming a legal separation, alimony, counsel fees and custody of a minor child. Thereafter, pursuant to the plaintiff’s motion filed on March 17, 1960, the court, on May 20, 1960, entered an order for alimony pendente lite of $80 a week and counsel fees of $500, payable $250 within four weeks and $250 before trial. The court did not direct the giving of any notice to the defendant of the entry of the pendente lite order, and neither he nor his counsel was present in court at the hearing on…