Weisner v. Weisner

Order, entered on January 24, 1963, unanimously modified on the law to the extent of reversing so much thereof which granted plaintiff’s motion to strike out the first affirmative defense for legal insufficiency, and denying the motion, and as so modified, the order is affirmed, without costs. The first affirmative defense to plaintiff’s action for a separation alleges that a decree of divorce obtained by plaintiff against a former husband in Alabama in 1953 was void for lack of jurisdiction, and since the prior marriage was never legally dissolved, the parties in the instant action are not…