McCarthy v. McCarthy

Action for a divorce. Order granting plaintiff’s motion under rule 103 of the Rules of Civil Practice to strike out the first separate defense affirmed, without costs. Order granting a similar motion with respect to the second separate defense reversed on the law, with ten dollars costs and disbursements, and the motion denied, without costs. The affidavits and certificates sufficiently establish that the first defense is sham. The second defense is good as pleaded and triable issues exist as to the jurisdiction of the court which rendered the decree. Plaintiff in that action (the defendant…