Tysen v. Tysen
Appellate Division of the Supreme Court of the State of New York
Appeal - by the plaintiff, Robert F. Tysen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡New York on the 23d day of June, 1910,-upon the decision of the court, rendered after a trial at the ¡New York Special Term, dismissing the complaint.
1Opinion of the Court
Dowling, J.:
Plaintiff brings this action to have the marriage between himself and defendant annulled and declared void upon the ground that at the time it was performed defendant then had, and still has, a husband living, to whom she had been lawfully married.
At the close of plaintiff’s case the following facts were established, either by proof or by admissions made in the pleadings or in open court: The defendant, then Fayette Lewis, láwfully married Joseph H. Benrimo at the borough of Manhattan, city and State of Mew York, on February 5, 1899, and thereafter they lived together as husband…
2Cases cited4 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Atherton v. AthertonSupreme Court of the United States · 1901
- Olmsted v. . OlmstedNew York Court of Appeals · 1908
- Atherton v. . AthertonNew York Court of Appeals · 1898
3Cited by1 opinion
- In re the Estate of AkinNew York Surrogate's Court · 1915