Heyman v. Heyman

Defendant moves under rule 107 of the Rules of Civil Practice for an order dismissing the complaint, upon the ground that there is an existing final judgment of this court which determined, upon the merits, the same cause of action set forth in the complaint. Extensive research has failed to disclose any case in which the courts have been called upon to decide the precise question presented upon this motion.

The instant action is one by a wife against her husband, in which she invokes her common-law right to recover expenditures alleged to have been made by her, out of her separate estate, for…