Statter v. Statter

The question in this case is whether the husband’s prior separation judgment is a bar to the wife’s present action for annulment on the ground of void marriage, the husband having had, at the time of his marriage to plaintiff wife, a former wife living, and the former marriage then being in force (Civ. Prac. Act, § 1134).

The instant wife’s complaint was sustained at Special Term, the husband having moved to dismiss on the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties (Rules…