Legal Opinion

Smith v. Smith

New York Supreme Court

Decided June 15, 1920PublishedCited by 7 opinions

Motion to confirm referee’s report in an action for an annulment of marriage.

1Opinion of the CourtFawcett, J.

This is a motion to confirm referee’s report in an action for an annulment of marriage.

The plaintiff sets forth two causes of action: First, that he was induced to marry the defendant by reason of her fraudulent misrepresentations that she was of sound mind and body and fully competent to enter into the marriage state; Second, that at the time of the marriage the defendant was insane.

The report of the learned referee that the second cause of action cannot be maintained by this plaintiff is hereby confirmed. An action to annul a marriage is allowed and limited by statute. The only person who…

2Cases cited9 opinions

  1. Svenson v. . SvensonNew York Court of Appeals · 1904
  2. Walter v. . WalterNew York Court of Appeals · 1916
  3. Domschke v. DomschkeAppellate Division of the Supreme Court of the State of New York · 1910
  4. Blank v. . BlankNew York Court of Appeals · 1887
  5. Keyes v. KeyesThe Superior Court of the City of New York and Buffalo · 1893

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3Cited by7 opinions

  1. Behrmann v. BehrmannSupreme Court of Connecticut · 1930
  2. Robertson v. RothSupreme Court of Minnesota · 1925
  3. Romps v. RompsAppellate Division of the Supreme Court of the State of New York · 1924
  4. Schulman v. SchulmanNew York Supreme Court · 1943
  5. Becker v. BeckerNew York Supreme Court · 1954

2 more not listed; retrieve them via the Exa API.

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