Stokes v. . Stokes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. Action to annul a marriage upon the ground that at the time the defendant was married to the plaintiff she had a husband by a former marriage who was still living and that such marriage was in full force.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. Action to annul a marriage upon the ground that at the time the defendant was married to the plaintiff she had a husband by a former marriage who was still living and that such marriage was in full force. The judgment of the trial court dismissing the complaint on the merits was affirmed by the Appellate Division, one of the justices…
1Opinion of the CourtVann, J.
An action to annul a marriage is purely statutory and a brief reference to the statutes gov’erning the subject is a proper foundation for a review of the questions presented by this appeal. Such an action may be brought upon the ground, among others not now material, “that the former husband or wife of one of the parties was living and that the marriage with the former husband or wife was then in force.” (Code Civ. Pro. § 1743.) The action “maybe maintained by either of the parties during the lifetime of the other, or by the former husband or wife.” (Id. § 1745.) “ Where it appears, and the…
2Cases cited5 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Elterman v. . HymanNew York Court of Appeals · 1908
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- Tompkins v. . SheehanNew York Court of Appeals · 1899
- Tyler v. TylerNew York Supreme Court · 1894
3Cited by63 opinions
- Romano v. RomanoNew York Court of Appeals · 1967
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Davis v. DavisSupreme Court of Connecticut · 1934
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- Walter v. . WalterNew York Court of Appeals · 1916
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