SOUTHARD v. SOUTHARD


199 F.Supp. 113 (1961)

Daniel B. SOUTHARD, Plaintiff, v. Margaret F. SOUTHARD, also known as Margaret F. Graham, Defendant.

United States District Court S. D. New York.

November 3, 1961.


Attorney(s) appearing for the Case

Francis C. Dale, Cold Spring, N. Y., Warren L. Boulanger, Cold Spring, N. Y., of counsel, for plaintiff.

Davies, Hardy & Schenck, New York City, John W. Burke, Thomas T. Adams, New York City, of counsel, for defendant.


McGOHEY, District Judge.

The defendant moves to dismiss this suit for declaratory judgment on the ground that the court lacks, or in its discretion should decline to exercise, jurisdiction over the subject matter.

The complaint, a lengthy document, makes the following allegations which for present purposes are taken as true. Daniel and Margaret Southard were married in 1935 and had three children, Daniel, Gloria and Suzanne. In 1942 they became residents of...

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