Weiner v. Weiner

Plaintiff moves to strike the four affirmative defenses alleged in the answer of the defendants, upon the ground that they do not state facts sufficient to constitute a defense.

The action is one for a declaratory judgment, wherein plaintiff seeks to have herself declared as the lawful wife of the defendant David Weiner, and, further, to declare that a divorce obtained by him in the State of Florida is null and void and that his subsequent marriage to the codefendant is also null and void.

The complaint alleges plaintiff’s marriage to the defendant David Weiner in 1936; that at that time, and…