Varrichio v. Varrichio

Action for judgment declaring plaintiff and defendant to be husband and wife. The complaint alleges that defendant procured a void decree of divorce in the State of Nevada and then married one Charles Fitzpatrick, who, it is conceded, is *679overseas in the armed services. Order granting motion of defendant to compel plaintiff to join Charles Fitzpatrick as a necessary party defendant affirmed, with ten dollars costs and disbursements. No efficacious declaratory judgment could be made in the absence of Fitzpatrick as a party defendant and he is therefore a necessary party. (Manhattan Storage &…