Appellate Division of the Supreme Court of New York, 1946

Shea v. Shea

Shea v. Shea
Appellate Division of the Supreme Court of New York · Decided April 22, 1946
270 A.D. 906; 62 N.Y.S.2d 618; 1946 N.Y. App. Div. LEXIS 4582
Shea v. Shea

Opinion of the Court

Motion for leave to appeal to the Court of Appeals granted. The following question is certified: May the defendants *907adduce evidence to attack collaterally the Illinois decree of divorce appearing in this record, which was obtained in an action instituted by plaintiff against her then husband, who appeared therein, who makes no claim of fraud respecting his appearance, and who does not challenge the validity of the said decree? Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [See ante, p. 527.]

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