Ball v. . Cross
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30,1920, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30,1920, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The decree divorcing the defendant from Greene C. Lescher is void even though the divorced defendant did not reside in the state of New York and even though the decree would be recognized as valid in the state of Missouri. (O’Dea v. O’Dea, 101 N. Y. 23; Borden v. Fitch, 15 Johns. 121; Bradshaw v. Heath, 13 Wend. 407;…
1Opinion of the CourtAndrews, J.
The plaintiff is and always has been domiciled in this state. On April 30, 1917, he married the defendant in Washington, D. C. A few days after-wards the parties separated and have never since lived together. They have had no children. This marriage is claimed to be void for the reason that at the time it was contracted the defendant already had a husband.
It appears that in 1914 the defendant and one Lescher were married in Missouri and lived and cohabited in that state. Later they moved to Texas, and Texas was their last matrimonial domicile. In 1916 Lescher left the defendant and went to…
2Cases cited12 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Atherton v. AthertonSupreme Court of the United States · 1901
- The People v. . BakerNew York Court of Appeals · 1879
- Hubbard v. . HubbardNew York Court of Appeals · 1920
- Olmsted v. . OlmstedNew York Court of Appeals · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bell v. LittleAppellate Division of the Supreme Court of the State of New York · 1922
- Dean v. DeanNew York Court of Appeals · 1925
- Goldstein v. GoldsteinNew York Court of Appeals · 1940
- Kelsey v. KelseyAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
19 more not listed; retrieve them via the Exa API.