Legal Opinion

Marvis v. Marvis

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

Decided March 26, 1926PublishedCited by 2 opinions

1Per curiam

We are of the opinion that the court has ample power to grant the relief prayed for in the present case and that our jurisdiction is wholly unaffected by the omission of the Legislature to mention the sane party to a marriage as a person by whom an action might be instituted. The Supreme Court has general jurisdiction in law and equity (Const. art. 6, § 1) and hence the Legislature cannot limit or abridge its jurisdiction. In Wightman v. Wightman (4 Johns. Ch. 343) it was held that a court of equity had jurisdiction at the instance of a person, sane at the time of the commencement of the…

2Cases cited3 opinions

  1. Wightman v. WightmanNew York Court of Chancery · 1820
  2. Walter v. . WalterNew York Court of Appeals · 1916
  3. Reed v. ReedAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by2 opinions

  1. Hoadley v. HoadleyNew York Court of Appeals · 1927
  2. In Re the Estate of RickellCourt of Appeals of Maryland · 1930

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