Earle v. Earle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julia Kuttner Earle, 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 22d day of June, 1910, denying the plaintiff’s motion for judgment on the report of a referee to whom the issues had been referred to hear and determine.
1Opinion of the Court
Laughlin, J,:
The action is brought to annul a marriage solemnized in due form between the parties in the city of Venice, Italy, on the 17fch day of ■March,. 1908. ' ■
■ The report of the referee contains findings of fact- and conclusions of law in the usual form of a decision on a reference to hear, try and determine the issues. He finds that the marriage was invalid owing tq the fact that- the defendant had a wife living at the time from whom he was not divorced, and that the plaintiff was entitled to judgment annulling the marriage. The order of the court from which the appeal is taken…
2Cases cited6 opinions
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. GrahamMassachusetts Supreme Judicial Court · 1892
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by28 opinions
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- In re the Final Judicial Settlement of the Account of Proceedings of SeymourNew York Surrogate's Court · 1920
- In re the Estate of BruingtonNew York Surrogate's Court · 1936
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