Kinnier v. Kinnier
New York Supreme Court
DEMURRER to complaint. The action was brought'to obtain a decree declaring void a marriage contract entered into between the plaintiff and defendant on the 28th of June, 186Í. The defendant was married to one Pomeroy, in the state of Massachusetts, in 1848. It is charged that in 1855 Pomeroy left Massachusetts, went to Chicago, and commenced a suit against his wife Abby.
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DEMURRER to complaint. The action was brought'to obtain a decree declaring void a marriage contract entered into between the plaintiff and defendant on the 28th of June, 186Í. The defendant was married to one Pomeroy, in the state of Massachusetts, in 1848. It is charged that in 1855 Pomeroy left Massachusetts, went to Chicago, and commenced a suit against his wife Abby. That the latter, by collusion with her husband, aided him in fraudulently obtaining a divorce in Illinois, &e. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause…
1Opinion of the CourtCardozo, J.
The allegation in the complaint that the parties resorted to Illinois to obtain a decree of divorce in fraud or violation of the laws of the place of their domicil, I think unimportant, here. I can very well see how the state of Massachusetts might complain that its citizens had violated their allegiance to it, and how the courts of that state might disregard the judgment of another jurisdiction which granted a divorce to persons domiciled in the former state, who could not have obtained such a decree in the tribunals of that state. But I do not know of any principle, and have not been…
2Cited by1 opinion
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