Fergusson v. Fergusson

This is an action in which the summons is indorsed with the words ‘ ‘ Action for annulment by declaratory judgment.” The complaint alleges that “on or about the 1st day of April 1950 in the City of Buffalo, New York, plaintiff and defendant entered into a common law marriage, which did not comply with the Laws of the State of New York”; that “asa result of said illegal common-law marriage two children were born ”, one on April 9, 1951, and the other on February 8, 1953; that1 ‘ at the time of entering into said marriage, plaintiff and defendant believed such an illegal common-law marriage was…