McKENDRY v. McKENDRY


280 A.D. 440 (1952)

Frances McKendry, Respondent, v. John McKendry, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1952.


Attorney(s) appearing for the Case

William L. Clay for appellant.

Percival W. Gillette for respondent.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

In an action for separation a valid existing marriage must be proved as part of plaintiff's case before plaintiff is entitled to judgment. (Fischer v. Fischer, 254 N.Y. 463.) When plaintiff offered in evidence the certified copy of the decree of divorce in the Florida action, and it was received by the court, she was then required to present proof that the Florida court had no jurisdiction. This she failed to do and in the absence of such...

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