Bard v. Bard

In an action for a judgment declaring that plaintiff and defendant are husband and wife and that a decree obtained by her (the defendant) in Alabama divorcing her from plaintiff is null and void for lack of jurisdiction over him, the defendant appeals from an order of the Supreme Court, Nassau County, dated June 30, 1961, which denied her motion, pursuant to subdivision 4 of *802rule 107 of the Rules of Civil Practice, to dismiss the complaint on the ground that there is an existing final judgment or decree of a court of competent jurisdiction rendered on the merits determining the same cause of…