Averett v. Averett

The question raised on this motion is whether a husband, defendant in an action for separation, is entitled to restitution of alimony paid under a judgment upon its reversal in the Appellate Division. *585The motion itself is for an order directing restitution and restraining the plaintiff from proceeding in the Municipal Court to recover on certain notes given by the defendant on account of such alimony. The plaintiff urges that restitution may not be directed except by the appellate court. I do riot think that the provisions of the Code which award that power to appellate courts are intended to…