UNTERMANN v. UNTERMANN


43 N.J. Super. 106 (1956)

127 A.2d 903

SALLY L. UNTERMANN, PLAINTIFF-APPELLANT, v. JOHN JOSEPH UNTERMANN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1956.


Attorney(s) appearing for the Case

Mr. Roger H. McGlynn argued the cause for plaintiff-appellant (Messrs. McGlynn, Stein & McGlynn, attorneys; Mr. Edward R. McGlynn, of counsel).

Mr. Irving Siegler argued the cause for defendant-respondent (Messrs. Siegler & Siegler, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by CLAPP, S.J.A.D.

This is an action for separate maintenance, which was dismissed on motion of the defendant before trial. The plaintiff had previously brought an action against defendant and Sarah Kaltman, defendant's alleged second wife, for a declaratory judgment, seeking to have the court determine the marital status of the parties; but it was held that the unclean hands of the plaintiff precluded her from maintaining that...

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