And it is now equally well settled that the receiving of part of the profits of a commercial partnership, in lieu of or in addition to interest, by way of compensation for a loan of money, has of itself no greater effect.

Indeed, for nearly three-quarters of a century or more individuals have been punished under bigamy statutes for doing exactly what petitioners have done.

In New York, North Carolina, and South Carolina, the opposite view has prevailed, either upon the ground that the rule as to notice is the same in suits for divorce as in ordinary suits in personam, or upon the ground that, in the absence of actual notice or appearance, the decree, while it may release the libellant, cannot release the libelee from the bond of matrimony.

Defense.-An invalid foreign divorce is no defense to an indictment for bigamy against a citizen of this state.

Apparently, residence is insufficient as a basis of jurisdiction, open question until the US Supreme Court passes on it whether a finding of domicile by a court of a sister state can be annulled and its decree rendered a nullity in another state court.

"The legal rule, that accepting a percentage of profits in compensation for services does not create a copartnership, is so well settled that it is scarcely necessary to repeat it here."

—upon which the subsequent decisions in New York are based, the defendant was married to a woman in the State of Ohio; they afterwards lived together in the State of New York; the wife, upon notice by publication, and without personal appearance of the husband, he being in New York, obtained a decree of divorce against him in Ohio; and he afterwards married …

—to declare "It remains for the Supreme Court of the United States, as the final arbiter, to determine how far a judgment in such a case... shall be operative, without the territorial jurisdiction of the tribunal giving it."

—upheld the principle that a court of another state could not dissolve the matrimonial relation of a citizen of New York, domiciled in New York, unless he was actually served with notice within the other state or voluntarily appeared in the cause.

The defendant for a defense cannot set up a divorce obtained by his former wife in another state where he was not personally served with a summons, nor voluntarily appeared.

[CITATION] Carmody's Manual of New York Civil Practice

[PDF] Conflict of Laws--Basis for Divorce--Jurisdictional Fact Concept