65 N.Y.S. 401 | N.Y. Sup. Ct. | 1900
The plaintiff brought this action for a separation from her husband on the ground of cruel and inhuman conduct. The answer denies the allegations of cruelty and sets up a counterclaim for an absolute divorce on the ground of plaintiff’s alleged adultery. The reply denies this charge of adultery. On December 1, 1899, a motion was made for alimony and counsel fee; and on December fourteenth an order was entered, directing defendant to pay to plaintiff $10 a week alimony and $100 counsel fee. The defendant complied with this order until April fifteenth,, when he failed to pay the installment of alimony then due, and he has also failed to pay $20 of the $100 allowed as counsel fee, which fee he was permitted to pay by installments. On the said seventh day of December the plaintiff also made a motion to have the issue-of adultery tried before a jury, and an order granting said motion was duly entered. The defendant now makes this motion to set aside or modify the said order of December fourteenth on account of the following events, which have transpired since the granting of such order, viz.: On March 31, 1900, the defendant, who was employed in the post-office, was arrested and placed in Ludlow Street Jail on the charge of purloining money from the mails. Hot being able to procure bail, the defendant is still incarcerated in prison, and claims that all means of support have been cut off. The only affidavit on this motion is made by the defendant’s attorney, and no reason is given why it was not made by the defendant himself. The allegations of the affidavit, however, are not denied or called in question by the plaintiff, who has submitted no affi
Motion granted. Ho costs.