Opinion
July 7, 1955.
Appeal from Supreme Court, Schuyler County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
The action was brought for a declaratory judgment declaring that a divorce decree obtained by the defendant wife in the State of Nevada was null and void because of the lack of domicile of the wife within the State of Nevada. The Nevada court has found that the wife was a resident of the State of Nevada, and upon personal service of the summons upon the husband, has granted the divorce. The husband did not appear in the Nevada action. Under such circumstances the New York court is permitted to examine the factual questions relating to the jurisdiction of the Nevada court. ( Williams v. North Carolina, 325 U.S. 226.) However, this record presents a clear question of fact, and the record sustains the determination of the court below that the Nevada court had jurisdiction and that its decree is entitled to full faith and credit. The record also sustains the judgment granted on the counterclaim. Judgment unanimously affirmed, with costs.