Chittenden v. Chittenden
City of New York Municipal Court
Plaintiff demurs to defendant’s answer that more than ten years have elapsed since plaintiff’s cause of action accrued, upon the ground that such answer is insufficient in law.
1Opinion of the CourtBrown, J.
Plaintiff and defendant were married December 4, 1890; no children were born of the marriage. The plaintiff brings this action to annul the same, on the ground that at the time thereof the defendant had a husband then, and who is now, living. The defendant answers, alleging that more than ten years have elapsed since plaintiff’s cause of action accrued and that the same is barred by the Statute of Limitations. Code Civ. Pro., § 388.
The plaintiff’s demurrer raises the question whether the Statute of Limitations has any application to this cause of action.
It is provided by statute (Dom. Bel.…
2Cases cited1 opinion
- Montgomery v. MontgomeryNew York Court of Chancery · 1848
3Cited by3 opinions
- Chittenden v. ChittendenNew York Supreme Court · 1910
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 1934
- Chittenden v. ChittendenAppellate Division of the Supreme Court of the State of New York · 1910