Brainard v. Brainard

In view of the dual nature of an action for divorce by a wife who is also applying for alimony — the cause of action to dissolve the marriage being in rem, and the claim for alimony being in personam — it does not seem to me that McClure Newspaper Syndicate v. Times Printing Company of Seattle (164 App. Div. 108) is controlling. The answer interposed by defendant properly informed the court that defendant was not contesting the cause of action in rem, but that the court lacked jurisdiction to render judgment against him for alimony in personam. His act in interposing such an answer should not…