Legal Opinion

Berry v. Berry

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1909PublishedCited by 22 opinions

Appeal by the plaintiff, Thomas W. Berry, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of March, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Clarke, J.:

This is an action to annul a marriage brought by the husband upon the ground that at the time of the marriage he had a legal wife, to: whom' he had been previously married, living and who was still living.

The learned court found, as matters of fact, that on or about'the 15th day of September, 1885, at Leeds in the county of York, England, plaintiff and one Emma Bulmer were married, and that subsequent to said marriage they lived together as man and wife for the period of about one year; that plaintiff left England and cathe to the city and State of New York, where lie has ever…

2Cases cited4 opinions

  1. Griffin v. . GriffinNew York Court of Appeals · 1872
  2. Price v. . PriceNew York Court of Appeals · 1891
  3. Cropsey v. McKinneyNew York Supreme Court · 1859
  4. Valleau v. ValleauNew York Court of Chancery · 1836

3Cited by22 opinions

  1. Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
  2. Davidson v. ReamNew York Supreme Court · 1916
  3. Johannessen v. JohannessenNew York Supreme Court · 1911
  4. Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 1912
  5. Bays v. BaysNew York Supreme Court · 1918

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