Opinion
Argued January 6, 1931
Decided February 10, 1931
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur T. O'Leary for appellant.
Chase Mellen and Einar Chrystie for respondent.
We hold that in the circumstances of this case the appellant was under an active duty to see to it that the pendency of the separation suit be brought to the notice of the court upon the inquest for default of an answer in the action for annulment.
The order should be affirmed.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ., concur; KELLOGG, J., not sitting.
Order affirmed.