Appellate Division of the Supreme Court of the State of New York May 1, 1912 (Hayes v. Hayes)

Thomas, J.:

The action, begun in July, 1906, was for divorce for adultery, and the complaint was dismissed for failure of the plaintiff to appear for trial on January 4, 1910. At that date there was pending a motion to punish the defendant for contempt in failing'to pay alimony pursuant to an order entered in July, 1906, and duly served on defendant.