MacPherson v. MacPherson

Upon this motion by plaintiff for temporary alimony and counsel fee in her action for divorce defendant sets forth a decree of divorce obtained by him against the plaintiff in Mexico on December 16, 1954. The plaintiff asserts that the decree is a nullity because she did not personally appear in that action in Mexico nor did she empower an attorney to appear for her. Defendant contradicts this, and sets forth a separation agreement between the parties, dated May 24, 1954, which contains paragraph “ 16 ” upon which the defendant relies, to wit: *663“ 16. Each party agrees that in the event of the…