262 A.D. 932 | N.Y. App. Div. | 1941
This is an appeal from an order of the Special Term entered in the Saratoga county clerk’s office on November 28, 1940, denying a motion by the defendant to vacate a decree of separation heretofore granted herein to the plaintiff and for a new trial or in the alternative to have provision made for the support and maintenance of defendant. A judgment of the Supreme Court entered in the Saratoga county clerk’s office on August 7, 1931, after a trial, granted to the plaintiff a separation from the defendant on the ground of cruel and inhuman treatment. It directed that the parties should live apart without obligation or liability on the part of the plaintiff for the support or maintenance of the defendant. An appeal was taken by the defendant but it was discontinued on December 9, 1931, by stipulation. In the meantime the plaintiff had been paying the defendant $60 per month for her support and such payments continued until June 10,1932, when they were reduced and they were finally stopped in July, 1933. In February, 1934, the wife brought an action against her husband in the Supreme Court, Albany County, on an alleged oral agreement to pay her alimony. This action was tried and resulted in a verdict