Martens v. Martens

In this action for divorce, the defendant has moved under subdivision 5 of rule 107 of the Rules of Civil Practice for the dismissal of the plaintiff's complaint upon the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties. In support of Ms motion, the defendant annexed to Ms affidavit a photostatic copy of a translation of what purports to be a judgment of a German court dissolving the marriage between the parties in compliance with the demand of both parties, each having been…