Gosschalk v. Gosschalk

I dissent from the determination of the majority upon two grounds: (1) at the time this suit was instituted, the plaintiff did not have the necessary domiciliary qualifications and consequently the *75Superior Court was without jurisdiction; and (2) even assuming that jurisdiction did exist, the refusal of the court to stay the trial for a reasonble period to permit the disposition of the matrimonial action already pending in Holland, constituted a mistaken use of discretion.

I

Absence of Jurisdiction.

The Superior Court had no jurisdiction to entertain plaintiff’s suit for divorce unless he had…