December 31, 1938. In an action for a separation, brought by the plaintiff-wife against her husband, the husband was granted a judgment dismissing the complaint upon the ground that there never was any legal marriage between the plaintiff and defendant. Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant. Prior to the plaintiff's ceremonial marriage to the defendant, she had been married to a third person in Denmark. The plaintiff came to the United States

December, 1918. Samuel Rabinowitz, for plaintiff. No appearance for defendant. TIERNEY, J. Undefended action for divorce. The parties were married in Odessa, Russia. They are Hebrews. They came to this country in 1903. The plaintiff testifies that in 1910 the defendant told him she wanted a divorce, that he consented, and that they both went to a rabbi and that he gave her what is known in their religion as a "Get: a Hebrew divorce;" that she then went back to Odessa and he has never seen her since