Blank v. . Blank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1884, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside a judgment annulling a marriage contract between the parties and declaring void an ante-nuptial contract also made between them.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1884, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to set aside a judgment annulling a marriage contract between the parties and declaring void an ante-nuptial contract also made between them. The action in which the judgment referred to was made was broughtbythedefendantherein upon theground that theplaintifE had represented herself to be a widow, whereas she was divorced…
1Opinion of the CourtRapallo, J.
We think the judgment in this case was right, although we do not concur in the ground upon which it was rendered at Special Term. It was there held by the trial judge that the judgment of nullity of marriage rendered between these parties in the second department, on the 23d of September, 1876, not having been reversed on appeal, and a motion to open the default having been denied on the 21st of. February, 1881, that judgment and the order denying the motion precluded the plaintiff from maintaining this action.
This action was brought to set aside the judgment of nullity on the ground that the…
2Cases cited1 opinion
- Riggs v. . PursellNew York Court of Appeals · 1878
3Cited by16 opinions
- Di Lorenzo v. . Di LorenzoNew York Court of Appeals · 1903
- Fisk v. FiskAppellate Division of the Supreme Court of the State of New York · 1896
- Coppo v. CoppoNew York Supreme Court · 1937
- Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Rutstein v. RutsteinAppellate Division of the Supreme Court of the State of New York · 1927
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