(Download) "Rue Magowan v. Edward S. Magowan" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Rue Magowan v. Edward S. Magowan
- Author : Court of Appeals of New York
- Release Date : January 06, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The plaintiff wife brought this suit against her second husband for a separation and he counterclaimed for an annulment on the ground that she was still married to another at the time she purportedly wed him, the defendant, in 1957. More specifically, the defendant urges that the Alabama decree of divorce which the plaintiff obtained in 1955 from her first husband was jurisdictionally void. For her part, the plaintiff asserts that that decree is entitled to full faith and credit in this State under the Federal Constitution. (U. S. Const., art. IV, § 1.) It is settled that when, as in the present case, both parties to an out-of-state divorce appeared in those divorce proceedings, a stranger to the decree may collaterally attack it in our courts only if he establishes that the rendering State permits such an attack. (See, e.g., Weisner v. Weisner, 17 N.Y.2d 799; Goldsmith v. Goldsmith, 19 N.Y.2d 710; Johnson v. Muelberger, 340 U.S. 581, 587; Cook v. Cook, 342 U.S. 126, 128.) The defendant before us has failed to meet the burden thus imposed upon him. Since