Loomis v. Loomis

This is an appeal from an order of the Appellate Division, second department, aifirming an order of Special Term dismissing an amended complaint before answer upon motion made under rule 107 of the Rules of Civil Practice. The amended com plaint seeks a declaratory judgment that plaintiff and defendant are husband and wife and that a foreign decree of divorce obtained by defendant is null and void.

Plaintiff and defendant were married in 1909 in the city and State of New York and continued to reside in this State until 1929 when they separated and they have continued to live apart since that…