Opinion
File No. 49787
G. C. Lessner, Attorney for the Plaintiff.
W.S. Hyde, Attorney for the Defendant.
Decree of divorce obtained in Mexico declared void. Evidence held to furnish a reasonable inference that defendant (plaintiff in the then cause) had no residence in Mexico at the time the decree purported to issue. Declaratory judgment directed.
MEMORANDUM FILED JANUARY 26, 1935.
It is not disputed that the defendant obtained the so-called Judgment of Divorce without establishing any residence in Mexico. The evidence furnishes a reasonable inference that he was not even in that country at that time it purported to issue. He admits in pleading the judgment is a nullity. It is found the alleged judgment was of no effect. (Connecticut vs. Cooke) 110 Conn. 348.)
The plaintiff seeks a declaratory judgment. It is found the recorded judgment of another state has cast uncertainty upon her jural relation within the meaning of the act.