Loomis v. Loomis

Plaintiff sues as the wife of the defendant for a declaration of the invalidity of a divorce from her which he secured in a foreign jurisdiction. Heretofore she initiated a proceeding in the Family Court of the City of New York to compel her support by him as her husband. After trial thereof, that proceeding was dismissed on a finding that bis foreign divorce is valid in this state. I agree that this former adjudication is not an estoppel in the present action.

The earlier proceeding in the Family Court was in its substantive nature a summary prosecution for a public tort of the defendant…