Krause v. Krause

This is an action for separation brought by a wife in which she seeks support. The husband seeks to avoid liability to plaintiff by alleging the invalidity of a Nevada divorce which he obtained from his first wife. May he avail himself of such a defense?

The answer interposes two separate and distinct defenses. It is only the second defense with which we are concerned.

The facts presented by the defense are as follows: Defendanu and his first wife, domiciled in this State, were married here in 1905. There are two children by that marriage. In 1932 the present defendant, while retaining his…