Legal Opinion
Park v. Park
New York Supreme Court
Decided July 15, 1898PublishedCited by 1 opinion
Motion to modify judgment by striking out certain provisions.
1Opinion of the CourtPryor, J.
In- a judgment annulling a marriage because of a subsisting marriage between the '.defendant and another woman, provision-is made for permanent alimony .to-the plaintiff.
*373.The foundation of the right to alimony being the* duty of the husband to: support his wife (Collins v. Collins, 80 N. Y. 1, 12); obviously, if the woman be not his wife, she can have no claim to> alimony. Blinks v. Blinks, 5 Misc. Rep. 193. As the marriage between these parties was not voidable merely but void ab initio, the plaintiff was never the defendant’s wife. Hopper v. Hopper, 92 Hun, 415.
Hpon principle, there can be…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Collins v. . CollinsNew York Court of Appeals · 1880
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Park v. . ParkNew York Court of Appeals · 1880
- Bartlett v. BartlettNew York Court of Chancery · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nealon v. NealonAppellate Division of the Supreme Court of the State of New York · 1921