Faragasso v. Faragasso

This is an action by plaintiff wife for a separation. At the trial defendant conceded that he abandoned plaintiff and his sole and primary defense to the action is the fact that when the parties were married on September 29,1945, plaintiff already had a husband living. Defendant’s attack upon the validity of plaintiff’s Mexican divorce from her first husband is well taken. The record indicates beyond question that plaintiff’s divorce from her first husband was a Mexican ‘ ‘ mail order ’ ’ decree and under such circumstances the Mexican court had no jurisdiction of the parties nor of the…