Murphy v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward M. P. Murphy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of August, 1920, denying plaintiff’s motion to enjoin and stay proceedings in another action by the defendant herein for separation.
1Opinion of the Court
Laughlin, J.:
This is an action to annul, on the ground of fraud, a ceremonial marriage, between the plaintiff and the defendant, solemnized-on the 11th day of April, 1914. The other action, which was pending in the same court when this was commenced, is predicated on the same marriage but was brought by the wife for a separation on the ground of abandonment. The plaintiff’s prayer for relief herein is both for the annulment of the marriage and a permanent injunction restraining the prosecution of the separation action. In opposition to the motion, affidavits made by the defendant were read…
2Cases cited1 opinion
- Ostro v. OstroAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by7 opinions
- Warshor v. WarshorNew York Supreme Court · 1927
- Gregg v. GreggNew York Supreme Court · 1928
- Atkinson v. AtkinsonNew York Supreme Court · 1923
- Tavarozzi v. TavarozziNew York Supreme Court · 1922
- Tober v. ToberNew York Supreme Court · 1935
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