Ruger v. . Heckel
New York Court of Appeals
' Appeal from order of the General Term of the Supreme Court, in 'the first judicial department, made May 6, 1880, which affirmed an order denying a motion on the part of plaintiff for a judgment on the report of a referee herein. (Reported below, 24 Hun, 489.) This action was brought to have a judgment for divorce between the defendants canceled, and the marriage of plaintiff with defendant Theresa declared void.
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' Appeal from order of the General Term of the Supreme Court, in 'the first judicial department, made May 6, 1880, which affirmed an order denying a motion on the part of plaintiff for a judgment on the report of a referee herein. (Reported below, 24 Hun, 489.) This action was brought to have a judgment for divorce between the defendants canceled, and the marriage of plaintiff with defendant Theresa declared void. The defendants Theresa Heckel dnd Christian Heckel intermarried. Afterward in September, 1873, upon suit brought by her the marriage was dissolved by the Court of Common Pleas of…
1Opinion of the CourtDanforth, J.
In bringing" this action the plaintiff meddled with a matter which did not concern him. Before he contracted matrimony with Theresa, he was told of her former marriage, its dissolution and the terms thereof. He has had the full benefit of his bargain. Ho one has questioned his title, and the record which he produces shows a judgment binding upon both parties. It is impossible to discover any ground in law or morals upon which his complaint can stand. In refusing to listen to him the court does not aid in giving effect to a judgment obtained by fraud. It regards him as a suitor without a cause…
2Cases cited1 opinion
- Kinnier v. . KinnierNew York Court of Appeals · 1871
3Cited by30 opinions
- Dow v. BlakeIllinois Supreme Court · 1893
- Arcuri v. ArcuriNew York Court of Appeals · 1934
- Hall v. HallAppellate Division of the Supreme Court of the State of New York · 1910
- Shea v. SheaAppellate Division of the Supreme Court of the State of New York · 1946
- Fairclough v. St. AmandSupreme Court of Alabama · 1927
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