Smith v. Smith

The defendant filed a plea in abatement in the plaintiff’s action for a dissolution of marriage, alimony, attorney’s fees and other equitable relief, claiming that the court was without jurisdiction because the marriage had been dissolved by a judgment of divorce granted by the Supreme Court of the State of New York. In her answer and special defense to the defendant’s plea, the plaintiff challenged the validity of the New York judgment claiming lack of notice and alleging that it “was obtained by fraud, collusion, perjury and/or material misrepresentations” of the defendant. The trial court…