Baker v. Baker

The case of Bell v. Bell (4 App. Div, 527, affd. 157 N. Y. 719, affd. 181 U. S. 175) appears to be controlling authority for the proposition that the judgment of a court of a foreign State in a divorce action may be collaterally attacked on the ground that the plaintiff in the action was not actually domiciled in that State, with the result that the foreign court did not possess jurisdiction. (See Matter of Bingham, 265 App. Div. 463; Meyers v. Meyers, 179 Misc. 680; McCarthy v. McCarthy, 179 Misc. 623.)

Although the majority opinion of the United States Supreme Court in the recent case of…