Weiner v. Weiner

Eager, J. (dissenting).

In dissenting from such part of the order as sustains the. second alleged defense, I wish to make it clear that I concede that circumstances may exist which will move the court on theory of estoppel or other equitable considerations to deny relief to a plaintiff in this type of action. In this case, however, the facts pleaded in the second alleged affirmative defense, characterized by the defendant as “ apparent acquiescence ” of the plaintiff in the foreign decree of divorce, clearly do not constitute a sustainable defense. Certainly, the right of a spouse to urge the…