Ethel M. Waddey, Appellant v. Everett Waddey, Jr., Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the alimony award, holding that the 1938 amendment to the Civil Practice Act could not be applied retroactively to a divorce decree entered in 1928. The Court reasoned that the statute lacked clear legislative intent to affect vested rights and that such retroactive application would violate due process. Justice Desmond dissented, arguing that the amendment should not reach pre‑1938 judgments and that the alimony provision should remain annulled.