6 Abb. Pr. 188
The Superior Court of New York City
Decided April 15, 1858
The Superior Court of New York City · decided 1858-04-15
This action was tried before one of the justices of the court and a jury, in February, 1858. Among other witnesses, the plaintiff called one Fanny B. De Barre, who had been previously married to the defendant. The defendant’s counsel objected to her being sworn, on the ground that she was incompetent as a witness against her husband.
Decided 1858-04-15
¶1The City Court of Brooklyn, being one of limited jurisdiction, a copy of a judgment of divorce is not of itself evidence that the court had acquired any right to make the decree.
¶2It was necessary to show that all the necessary steps had been taken to acquire jurisdiction. It is no answer to say that the record would have shown that the necessary steps had been taken. The record was not produced. I am compelled to order a new trial.
¶3The order to be settled on notice.