Conte v. Conte
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Suit by Virginia C. Conte, an infant, by Eliza Martin, her guardian ad litem, against Joseph Conte. From an interlocutory judgment for plaintiff, defendant appeals.
1Opinion of the CourtLaughein, J.
The parties were married in this state on the lath day of April, 1902. The age of legal consent at that time for both males and females was 18 years (article 1, § 4, Domestic Relations Law, being chapter 272, p. 216, Laws 1896). The plaintiff was 17 years of age at the time of the marriage, and she claims the right to have the marriage annulled by virtue of the provisions of' section 1743 of the Code of Civil Procedure. She has made the necessary proof under that section, if it be applicable, to sustain the judgment.
The appellant contends that the only authority for annulling the marriage on…
2Cases cited1 opinion
- Bennett v. SmithNew York Supreme Court · 1856
3Cited by2 opinions
- Cushman v. CushmanWashington Supreme Court · 1914
- Earl v. EarlAppellate Division of the Supreme Court of the State of New York · 1904