Burton v. Burton

BRADLEY, J. :

The action is for divorce. The defendant alleges as a bar the recovery by him of a judgment dissolving the marriage in the Court of Common Pleas of McKean county, State of Pennsylvania. The referee found and determined that such judgment was recovered by him and that it was a defense in bar of this action, and upon that ground dismissed the complaint! The question presented here is whether the judgment so recovered was valid and effectual as against the plaintiff. The referee has found that the parties were married in Nebraska, in 1859, that they shortly after became residents of…