Meyers v. Meyers

The motion to dismiss the complaint for legal insufficiency is denied. The pleading, giving to it the most favorable inferences to which it is entitled, charges that the domicile of the husband in Nevada, in which State he obtained a divorce against his wife by publication, was sham and fictitious. Under those circumstances, Bell v. Bell (4 App. Div. 527, affd. 157 N. Y. 719, affd. 181 U. S. 175) would seem to be controlling. Whether that case would now be followed was left open in the recent decision in Williams v. North Carolina (317 U. S. 287). In the absence of a definite expression to…