Legal Opinion

Chittenden v. Chittenden

New York Supreme Court

Decided June 15, 1910PublishedCited by 3 opinions

Demurrer by plaintiff to the sufficiency of defendant’s ■ answer.

1Opinion of the CourtWheeler, J.

The demurrer is interposed on the ground that the Statute of Limitations pleaded in the defendant’s answer constitutes no defense to the plaintiff’s cause of action. The action is brought to annul a marriage because of the existence of a former marriage.

*173This action has been before this court on a former demurrer by the plaintiff to the sufficiency of the defendant’s answer.* In the first answei1, the defendant set up the Statute of Limitations, but alleged no facts showing that the marriage was contracted in good faith and in ignorance of the fact that the former husband of the defendant was…

2Cases cited4 opinions

  1. Gall v. . GallNew York Court of Appeals · 1889
  2. Montgomery v. MontgomeryNew York Court of Chancery · 1848
  3. Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1901
  4. Chittenden v. ChittendenCity of New York Municipal Court · 1909

3Cited by3 opinions

  1. Chernick v. Independent American Ice Cream Co.Appellate Terms of the Supreme Court of New York · 1911
  2. O'Brien v. O'BrienConnecticut Superior Court · 1935
  3. Wolf v. WolfNew York Supreme Court · 1920

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