Lapin v. Lapin

In an action for a separation the defendant husband, appearing specially, moves to vacate the-service of process upon him as well as plaintiff’s application for temporary alimony and counsel fees upon the ground that the court lacks jurisdiction of the subject matter of the action.

’He contends (1) that there is lacking in this case the existence of a valid and subsisting marriage, which is a prime requisite in an action for separation, and (2) while the com*32plaint contains jurisdictional allegations calculated to satisfy the provisions of section ll65-a of the Civil Practice Act, and more…