Shore v. Shore

I dissent.

I do not agree that the finding of the trial court in the annulment action brought by Alberta to the effect that “the Court, therefore, makes no findings concerning the character of the property set out in the first cause of action of [Alberta’s] complaint” and the conclusion of law that “the Court, finding both parties at fault' in the purported marriage, declines for lack of jurisdiction to make any award of property alleged to be community in character,” constituted a binding determination of the property issue so as to constitute a bar to the present actions. It was, in my…