Leeds v. Joyce
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William S. Leeds, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of January, 1922, denying the plaintiff’s motion to amend or resettle the case on appeal from a final judgment.
1Opinion of the Court
Page, J.:
The action was brought to annul the marriage on the ground that the defendant at the time she contracted the marriage with the plaintiff was married to another man from whom she had not been finally divorced.
The issues were settled for trial by a jury, and a verdict rendered thereon in favor of the plaintiff, to the effect that at the time of the marriage in question the defendant’s former husband was living and that his marriage to the defendant had not been annulled or dissolved. The defendant was thereafter permitted to amend her answer and set up as a new and distinct defense an…
2Cases cited1 opinion
- Trumbley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Derby v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Allen v. RyanAppellate Division of the Supreme Court of the State of New York · 1926
- Grobert Realty Co. v. Dorf Bros. & Co.Appellate Terms of the Supreme Court of New York · 1922