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EISCHEN v. EISCHEN

281 A.D. 591 (1953)

Martin D. Eischen, Appellant, v. Audrey E. Eischen, Respondent

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

May 6, 1953.

Attorney(s) appearing for the Case

John E. Shaffer for appellant.

George R. Thurston, guardian ad litem, for respondent.

All concur, McCURN, J., in result, in a separate opinion. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

Per Curiam.

The action was for the annulment of a marriage. The complaint alleges that both plaintiff and defendant are residents of the State of New York which, if proved, gave the court jurisdiction of the cause of action. Until there was a failure of proof of residence of both parties, the complaint should not have been dismissed.

Although not alleged in the complaint, plaintiff offered proof that he had...

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