Higginson v. Higginson

Action for a separation under section 1762 of the Code of Civil Procedure. The parties were married April-9, 1913, in the borough of Brooklyn, where they resided at the commencement of the action.The defendant appears specially for theo purpose of contesting the jurisdiction of the court. Alleging that he is consul for the republic of Peru in the city of New *458York, he moves on that.ground alone to vacate the service of the summons and to dismiss the complaint, because this court is without jurisdiction. Whether federal courts have original jurisdiction, exclusively of state courts of civil…