Appellate Division of the Supreme Court of New York, 1947

Caldwell v. Caldwell

Caldwell v. Caldwell
Appellate Division of the Supreme Court of New York · Decided October 20, 1947
272 A.D.2d 1025
Caldwell v. Caldwell

Opinion of the Court

In an action for a separation, judgment in favor of plaintiff unanimously affirmed, with costs. Under the circumstances here disclosed the defendant may not be heard to impeach the judgment of divorce previously obtained by him in the courts of a foreign jurisdiction, or to assert that he was incapable of entering into a valid marriage with the plaintiff because of his former marriage. (Krause v. Krause, 282 N. Y. 355; Brown v. Brown, 242 App. Div. 33, affd. 266 IT. Y. 532; Stevely v. Stevely, 254 App. Div. 743.) Present — Lewis, P. J., Hagarty, Carswell, Nolan and Sneed, JJ. '.[See post, p. 1072.]

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