Caldwell v. Caldwell

Full title: MIRIAM CALDWELL, Respondent, v. JOHN P. CALDWELL, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 20, 1947

272 App. Div. 1025 (N.Y. App. Div. 1947)

Opinion

October 20, 1947.^_

_ For omitted decision of October 20, see post, p. 1038. [REP.

Present — Lewis, P.J., Hagarty, Carswell, Nolan and Sneed, JJ. [See post, p. 1072.]

In an action for a separation, judgment in favor of plaintiff unanimously affirmed, with costs. Under the circumstances here disclosed the defendant may not be heard to impeach the judgment of divorce previously obtained by him in the courts of a foreign jurisdiction, or to assert that he was incapable of entering into a valid marriage with the plaintiff because of his former marriage. ( Krause v. Krause, 282 N.Y. 355; Brown v. Brown, 242 App. Div. 33, affd. 266 N.Y. 532; Stevely v. Stevely, 254 App. Div. 743.)