Legal Opinion

Johnson v. Johnson

New York Supreme Court

Decided July 11, 1947Published

1Opinion of the CourtMalpass, J.

This is a motion hy the plaintiff to strike out an affirmative defense set forth in the answer on the ground that said defense is sham. The motion is made under rule 103 of the Rules of Civil Practice.

This action has been brought by the plaintiff husband for a judgment of separation from the defendant wife upon the grounds of cruel and inhuman treatment. The complaint alleges among other things that the defendant in 1943 “ instituted a pretended action for absolute divorce in a court purporting to have jurisdiction in the State of Nevada against the plaintiff,” and that the Nevada action was…

2Cases cited1 opinion

  1. McCarthy v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1941

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