Legal Opinion

Smith v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1920PublishedCited by 19 opinions

Appeal by the plaintiff, George C. Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 29th day of July, 1920, upon a decision of the court rendered after a trial at the Bronx Special Term.

1Opinion of the Court

Merrell, J.:

This action was brought by the plaintiff to annul his marrage with defendant upon the ground that at the time said marriage was solemnized the defendant had a husband living.

The allegations of the complaint by which the plaintiff *544seeks to annul the marriage are that the plaintiff and the defendant were married on February 28, 1900; that at the time of said marriage the defendant had a former husband living, to wit, one Robert R. J. Johnson, to whom defendant was married on the 25th day of November, 1896, and that no divorce or annulment of such marriage had been theretofore…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Teter v. TeterIndiana Supreme Court · 1885
  3. Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917

3Cited by19 opinions

  1. Graham v. GrahamAppellate Division of the Supreme Court of the State of New York · 1924
  2. Elizabeth Dolan v. Anthony Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1967
  3. Applegate v. ApplegateNew York Supreme Court · 1922
  4. Hatfield v. United StatesCourt of Appeals for the Second Circuit · 1942
  5. Anonymous v. AnonymousNew York Supreme Court · 1946

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