November 17, 1949. James W. Scott for plaintiff. David E. Sallah for defendant. GREENBERG, J. In this action for separation brought by the wife on grounds of nonsupport and cruel and inhuman treatment, I find that the plaintiff has established her case by a fair preponderance of the credible evidence. Before, however, a judgment of separation may be awarded her, it is necessary to consider the defense that a decree of divorce granted by a German court in an action between the plaintiff and her former
December 31, 1938. In an action for a separation, brought by the plaintiff-wife against her husband, the husband was granted a judgment dismissing the complaint upon the ground that there never was any legal marriage between the plaintiff and defendant. Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant. Prior to the plaintiff's ceremonial marriage to the defendant, she had been married to a third person in Denmark. The plaintiff came to the United States