Kenneson v. Kenneson

This proceeding involves unsettled questions as to the effect, upon this court’s jurisdiction, of a prior judgment of the Supreme Court of the State of New York dismissing petitioner’s complaint in an action for separation, in which action, however, the husband interposed no counterclaim nor affirmative defense but only denials.

Such a judgment between the parties was entered February 27, 1942, and directs merely that the complaint be dismissed, without costs. It is based upon findings of fact that “ the defendant has not been shown to be guilty of cruel and inhuman treatment of the plaintiff,…