MATTER OF HEIMSOTH

Per Curiam.

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.