Legal Opinion

Merrick v. Merrick

New York Court of Appeals

Decided December 31, 1934PublishedCited by 60 opinions

1Opinion of the CourtO’Brien, J.

Respondent Elizabeth Merrick was the wife of William H. Merrick and in the year 1920 he obtained against her in this State a decree of absolute divorce. That decree forbade her to remarry during Merrick’s life. Power resided in the court, after the lapse of three years from the rendition of the decree, to modify the judgment upon proof of defendant’s good conduct subsequent to the dissolution of the marriage (Dom. Rel. Law [Cons. Laws, ch. 14], § 8, as amd. by Laws 1919, ch. 265), but, without procuring such a modification, respondent in 1925, during the lifetime of Merrick, married appellant…

2Cases cited3 opinions

  1. Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
  2. Stock v. MannNew York Court of Appeals · 1930
  3. Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907

3Cited by60 opinions

  1. Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
  2. Mohrmann v. KobNew York Court of Appeals · 1943
  3. Cornell v. CornellNew York Court of Appeals · 1959
  4. Stolz v. New York Central RailroadNew York Court of Appeals · 1959
  5. Chirelstein v. ChirelsteinNew Jersey Superior Court Appellate Division · 1951

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