[1] Foreign Judgment—Recital op Jurisdictional Facts—Impeachment.—A recital in a foreign judgment of facts sufficient to give the court jurisdiction can he impeached by a bare preponderance of evidence of a nature of necessity inconsistent with the recital.

[2] Id.—Estates op Deceased Persons—Will -Contest—Collateral Attack upon Foreign Judgment in Divorce Action — Affidavit for Constructive Service op Summons — Impeachment op Recital—Finding Supported by Evidence.—In this contest to the probate of a will involving a collateral attack on a foreign judgment of divorce for want of jurisdiction because of the absence of a sufficient affidavit for the publication of the summons, it is held, notwithstanding the recital in such judgment that service of summons by publication had been ordered “upon due and proper affidavits,” the evidence supports the finding that but one affidavit was filed, which was insufficient.

[3] Id.—Matters Occurring After Alleged Divorce—Testimony of Former Spouse.—In a contest to the probate of a will between t'wo persons, both of whom claim to be t'he surviving husband of the testatrix, the contestant who seeks to establish the -validity of a de- „ cree of divorce between the proponent and- the deceased, cannot object to the introduction of testimony of the testatrix as to matters occurring after -the alleged divorce on the ground that such testimony -was privileged under section 1881 of the Code of Civil Procedure.

[4] Id.—Communications Between Husband and Wife — Act of -Communicating — Testimony Permissible —■ Statute.—The provision of section 1881 of the Code of Civil Procedure that neither husband nor wife can, even after the termination of the marriage, be examined, without the consent of the other, as to any communication made by one to the other during the marriage, does not prohibit testimony, the purpose of which is to show the act of communicating and not the disclosures involved in the communications.

[5] Id.—Void Judgment — Want of Jurisdiction — Laches—Statute op Limitations.—The 3,-oetrine of laches and- the bar of the statute of limitations have no application to a collateral attack upon a foreign judgment based on want of jurisdiction.

[6] Id.—Attack upon Void Judgment—- Rule.—A judgment absolutely void may be attacked anywhere, directly or collaterally, whenever its presents itself, either by parties or by strangers.

[7] Id.—Will Contest—Collateral Attack upon Foreign Judgment —Eight op Proponent.—Where the probate of the will of a testatrix was contested by one claiming to be her surviving husband on the ground that the instrument was executed prior to their marriage and was thereby revoked, and the contest was opposed by one also claiming to be the surviving husband of the testatrix on the ground that' she had never been legally divorced from him, the proponent was entitled to attack the foreign judgment in the action for divorce on the ground that it was void for want of jurisdiction because of the absence of a sufficient affidavit for publication of the summons.