Wiener v. Wiener

This is a motion by defendant Elsie Mathews Anderson, appearing specially, to set aside the service of the summons and complaint upon her or, in the alternative, to strike out the second cause of action, the prayer for judgment on the second cause of action, and the prayer for judgment for the costs and disbursements of the action.

In the first cause of action, plaintiff seeks a divorce from defendant Wiener. In the second cause, she seeks an annulment of the latter’s marriage to the moving defendant while he remained married to plaintiff.

Neither of the defendants was served with process in…