Yannotti v. Yannotti

In this action the plaintiff wife seeks judgment declaring that a marriage presently exists between the parties and a decree of separation. The defendant husband asserts a Florida divorce as an affirmative defense.

The defendant moves for the issuance of a commission upon written interrogatories to examine a witness in Florida as to the defendant’s residence there in order to establish the validity of the divorce procured by him. The plaintiff’s objection to such a commission appears to be based solely on the delay that may ensue therefrom. The trial is presently temporarily stayed by an…