McKendry v. McKendry

In an action for separation a valid existing marriage must he proved as part of plaintiff’s case before plaintiff is entitled to judgment. (Fischer v. Fischer, 254 N. Y. 463.) When plaintiff offered in evidence the certified copy of the decree of divorce in the Florida action, and it was received by the court, she was then required to present proof that the Florida court had no jurisdiction. This she failed to do and in the absence of such proof the decree was entitled to full faith and credit. (Williams v. North Carolina, 325 U. S. 226.)

The order restraining the defendant from prosecuting…