Legal Opinion

Thorp v. . Thorp

New York Court of Appeals

Decided December 28, 1882PublishedCited by 47 opinions

Appeal from judgment of the General Term, of the Superior Court of the city of E'ew York, entered upon an order made January 3, 1881, which affirmed a judgment in favor of defendant, entered upon an order of Special Term denying a motion to confirm the report of a referee, and dismissing plaintiff’s complaint. (Beported below, 15 J. & S. 80.) This action was brought for absolute divorce, on the ground of adultery.

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Appeal from judgment of the General Term, of the Superior Court of the city of E'ew York, entered upon an order made January 3, 1881, which affirmed a judgment in favor of defendant, entered upon an order of Special Term denying a motion to confirm the report of a referee, and dismissing plaintiff’s complaint. (Beported below, 15 J. & S. 80.) This action was brought for absolute divorce, on the ground of adultery. The marriage took place in Philadelphia, State of Pennsylvania, September 11, 1875, since which time the parties have resided in this State, where the acts of adultery were alleged…

1Opinion of the CourtTracy, J.

The case of Van Voorhis et al. v. Brintnall et al. (86 N. Y. 18; 40 Am. Rep. 505) decides all the questions involved in this case, and makes necessary the reversal of the judgment in the court below. It was there held and determined by this court that the validity of a marriage contract is to be determined by the law of the State where it is entered into. If valid there, it is to be recognized as such in the courts of this State, unless contrary to the prohibitions of natural law or the express prohibitions of a statute. And it was further held that where, by a judgment of the Supreme Court…

2Cases cited1 opinion

  1. Van Voorhis v. . BrintnallNew York Court of Appeals · 1881

3Cited by47 opinions

  1. Moore v. . HegemanNew York Court of Appeals · 1883
  2. In Re the Estate of MayNew York Court of Appeals · 1953
  3. Dudley v. DudleySupreme Court of Iowa · 1911
  4. Perkins v. Guaranty Trust Co.New York Court of Appeals · 1937
  5. State v. FennWashington Supreme Court · 1907

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