This section contains the nature of the case and procedural background.

H and W were married in New York in 1954 and were Swiss citizens. In 1967, W filed a divorce action in Mexico. W appeared personally, and H appeared by attorney at law and filed a consenting answer. The divorce was granted. About ten months later, H arrived in St. Thomas on the Jolly Roger with the intent to engage in the charter business for tourist season. H had his minor child with him who had been living in Switzerland with his mother. W then filed a complaint against H for an absolute divorce again; seeking custody of the minor child. H moved to dismiss the new complaint for lack of subject matter jurisdiction. That was denied. H appealed.

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