Sues v. Sues

Defendant moves for dismissal of the complaint pursuant to rule 107 of the Rules of Civil Practice upon the ground of an existing final decree rendered in the State of Nevada, and upon the further ground that the court lacks jurisdiction of the subject of the action. It is alleged in the complaint in this action, brought by the husband against the wife for a divorce, that the former action was instituted at the special instance and request of the wife and that service of process therein was not made upon her. The foreign decree was obtained on September 28, 1955. Thereafter, this defendant…