Weisberg v. Weisberg
Appellate Division of the Supreme Court of the State of New York
Appeal'by the plaintiff, Jennie, Weisberg, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Yew York on the 11th day of July, 1905, upon the decision of the court, rendered after a trial at the Yew York Special Term, sustaining a demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action to annul a marriage contract on the ground that the marriage was incestuous and void owing to the fact- that the parties stood in the relationship to each other of uncle and niece, the wife, being the daughter of , the husband’s sister. The plaintiff’s case as presented by the complaint does not commend itself to the-favorable consideration of the court.' She does not show that she was of immature age or under any disability at the time of the marriage, or that any fraud or deception was practiced upon her or that she did not of her own ’free will contract and…
2Cases cited2 opinions
- Wightman v. WightmanNew York Court of Chancery · 1820
- Campbell v. CramptonU.S. Circuit Court for the District of Northern New York · 1880
3Cited by10 opinions
- Caspar v. SnyderDistrict Court, E.D. Michigan · 2015
- United States v. FranciosoCourt of Appeals for the Second Circuit · 1947
- Baird v. Burke CountyNorth Dakota Supreme Court · 1925
- State v. TuckerIndiana Supreme Court · 1910
- Armitage v. Board of EducationNew York Supreme Court · 1924
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