Bard v. Bard

Motion to dismiss the complaint on the ground that ‘ ‘ there is an existing final judgment or decree of a court of competent jurisdiction rendered on the merits, deter*454mining the same cause of action between the parties ” (Rules Civ. Prac., rule 107, subd. 4).

The complaint alleges a cause of action for a judgment declaring a divorce obtained by the defendant in the State of Alabama to be null and void on the ground that plaintiff did not appear in the action, did not consent to the divorce, was not served with process in the State of Alabama or elsewhere, and that he did not authorize anyone…