Eischen v. Eischen

The action was for the annulment of a marriage. The complaint alleges that both plaintiff and defendant are residents of the State of New York which, if proved, gave the court jurisdiction of the cause of action. Until there was a failure of proof of residence of both parties, the complaint should not have been dismissed.

Although not alleged in the complaint, plaintiff offered proof that he had always resided in the State of New York, that he married the defendant in Virginia, that they returned to New York State and a few months later defendant returned to her former home in Virginia for a…