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 *411 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.