Legal Opinion

Smith v. Smith

New York Supreme Court

Decided May 6, 1927PublishedCited by 1 opinion

1Opinion of the CourtEdgcomb, J.

Plaintiff brings this action to annul her marriage with the defendant upon the ground that she had not attained the age of legal consent when the ceremony was performed.

Since the amendment of 1922 (Laws of 1922, chap. 313), the dissolution of a marriage, where one of the parties was under eighteen years of age, does not follow as a matter of course, but rests in the sound discretion of the court, to be exercised in view of all the facts and circumstances of each case. (Dom. Pel. Law, § 7, as amd. by Laws of 1924, chap. 165.) The courts now move with extreme care in cases of this nature, and…

2Cases cited2 opinions

  1. Cunningham v. . CunninghamNew York Court of Appeals · 1912
  2. Lazarczyk v. LazarczykNew York Supreme Court · 1924

3Cited by1 opinion

  1. State v. VolpeSupreme Court of Connecticut · 1931

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