D'Auria v. D'Auria

This is an application by the defendant husband to set aside a judgment of divorce which became final on June 20, 1942, upon the ground that (1) plaintiff and defendant were never married, and (2) the judgment was obtained upon fraudulent papers and affidavits on file in this action.

According to the papers on file plaintiff made a motion on July 19, 1949, to enter a money judgment against the defendant for the amount of $2,936, representing alimony for the plaintiff and her daughter, due and unpaid for 367 weeks at the rate of $8 per week. At that time defendant opposed the motion on the…