Legal Opinion

Avakian v. Avakian

New Jersey Court of Chancery

Decided April 10, 1905PublishedCited by 12 opinions

On final hearing on bill, answer and proofs. The complainant, Louisa Avakian, whose maiden name was Hagopian, by her bill, asks a decree of annulment by this court of the ceremony of marriage gone through between her and the defendant, Hagop Avakian, on the 12th of February, 1903, at St. Patrick’s chapel, in Westminster, in the city of London, England. The ground of her claim is fraud and duress practiced and imposed upon her by the defendant.

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On final hearing on bill, answer and proofs. The complainant, Louisa Avakian, whose maiden name was Hagopian, by her bill, asks a decree of annulment by this court of the ceremony of marriage gone through between her and the defendant, Hagop Avakian, on the 12th of February, 1903, at St. Patrick’s chapel, in Westminster, in the city of London, England. The ground of her claim is fraud and duress practiced and imposed upon her by the defendant. The defendant appeared and answered, and the cause was heard upon the evidence of witnesses in open court, when the following facts were developed: The…

1Opinion of the Court

Pitney, Y. C.

I have now to consider the questions reserved at the hearing, namely:

1. Whether this court has jurisdiction of the subject-matter of the cause, considering that the marriage ceremony was performed in England and the defendant is domiciled in Boston, Massachusetts, and that the complainant, at the time the bill was filed, was residing merely, and had resided for a short time only, with her aunt in Hoboken, New Jersey.

The general jurisdiction of this court over the subject-matter of the suit was thoroughly settled by the court of errors and appeals in the well-known case of Carris…

2Cases cited3 opinions

  1. Haddock v. HaddockSupreme Court of the United States · 1906
  2. Lyndon v. LyndonIllinois Supreme Court · 1873
  3. Robertson v. ColeTexas Supreme Court · 1854

3Cited by12 opinions

  1. Mazzei v. CantalesSupreme Court of Connecticut · 1955
  2. Pretlow v. PretlowSupreme Court of Virginia · 1941
  3. Wilson v. WilsonNew Jersey Court of Chancery · 1935
  4. Whealton v. WhealtonCalifornia Supreme Court · 1967
  5. Scularekes v. GullettNew Jersey Court of Chancery · 1930

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