Legal Opinion

Herndon v. Herndon

New York Supreme Court

Decided December 13, 1957Published

1Opinion of the Court

Isidob Wassebvogel, Spec. Ref.

Plaintiff seeks an annulment on the ground that defendant had no legal capacity to marry him in May, 1956, because of her former marriage to one George E. Lambdon, which was and still is in force and effect.

In support of his contention, plaintiff alleges that defendant obtained an invalid North Carolina divorce from Lambdon in September, 1955, inasmuch as defendant had no bona fide residence in that State. Defendant, in her answer, asserts the validity of her divorce from Lambdon and the voluntary cohabitation of plaintiff and defendant, as husband and wife, with…

2Cases cited12 opinions

  1. Johnson v. MuelbergerSupreme Court of the United States · 1951
  2. Bell v. BellSupreme Court of the United States · 1901
  3. Senor v. SenorNew York Court of Appeals · 1948
  4. Guggenheim v. . WahlNew York Court of Appeals · 1911
  5. Anonymous v. AnonymousAppellate Terms of the Supreme Court of New York · 1940

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