John v. John

In an action for a judicial separation, the plaintiff wife, a resident of the State of Florida, appeals froth ah order of the Supreme Court, Westchester County, made April 28, 1964 upon reargument, which: (1) denied her motion for temporary alimony and counsel fee; and (2) granted the defendant husband’s cross motion to dismiss the complaint' on the grounds: (a) that the parties are no longer husband and wife by reason of a Florida decree of divorce which the wife had obtained against the husband on his default after constructive service of process upon him, and (b) that said decree is…