Davis v. Green
New Jersey Court of Chancery
On petition for annulment of marriage. On hearing on exceptions to report of master. Petitioner seeks a decree annulling her marriage to- defendant on the ground that at the time of her marriage to defendant she was the lawful wife of another man. No defence has been made.
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On petition for annulment of marriage. On hearing on exceptions to report of master. Petitioner seeks a decree annulling her marriage to- defendant on the ground that at the time of her marriage to defendant she was the lawful wife of another man. No defence has been made. The testimony taken before the special master fully established the fact of petitioner’s ceremonial marriage to defendant, and also the fact of her prior lawful marriage to another, and that her lawful husband- was still alive at the time of her marriage to defendant, and also at the time of the hearing, and that he had not…
1Opinion of the Court
Leaming, V. C.
In Rooney v. Rooney, 54 N. J. Eq. 231, the learned vice-chancellor denied a decree of annulment of a void marriage because of the established equitable maxim that relief would not be granted to a suitor who should come into a court of equity with unclean hands. In that case the husband, who sought the decree of annulment, had fraudulently concealed from his innocent victim the fact that he had a lawful wife; other circumstances of that case also appealed with extraordinary force to the enforcement of the equitable maxim there made the basis of the decree. The present case…
2Cases cited1 opinion
- Szlauzis v. SzlauzisIllinois Supreme Court · 1912
3Cited by7 opinions
- Ryan v. Motor Credit Co., Inc.New Jersey Superior Court Appellate Division · 1941
- Townsend v. MorganCourt of Appeals of Maryland · 1949
- Kiessenbeck v. KiessenbeckOregon Supreme Court · 1933
- Endres v. GroveNew Jersey Superior Court Appellate Division · 1955
- Seacord v. SeacordSuperior Court of Delaware · 1927
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