Marie C. Lowe, Respondent v. Henry W. Lowe, Appellants

Summary

The Court of Appeals reversed the lower court's denial of the motion to dismiss the injunctive portion of the complaint, holding that only a declaratory judgment may be granted to declare the Nevada divorce decree void, and that injunctive relief is unavailable because no separate cause of action exists. It also held that under § 476 of the Civil Practice Act and rule 112 a court may dismiss that part of the complaint.