Eischen v. Eischen

I concur in the result. I disagree, however, with the construction placed upon subdivision 3 of section 1165-a of the Civil Practice Act. Subdivision 3 conferring jurisdiction “ Where the parties were married without the state ” limits such jurisdiction by two qualifying conditions, viz: (1) “ and either the plaintiff or the defendant is a resident of the state when the action is commenced,” (2) “ and has been a resident thereof for at least one year continuously at any time prior to the commencement of the action.” The first condition necessarily must occur after the parties are married and…