Kinnier v. . Kinnier
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the.first judicial district, affirming the order of the New York Special Term, sustaining a demurrer to the complaint. The defendant was married in Massachusetts, in 1848, to one Pomeroy. In 1855, Pomeroy went thence to Ghiacgo to procure a divorce for a cause which would not be recognized by the laws of 'Massachusetts, and to evade the laws of that State.
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Appeal from the judgment of the General Term of the Supreme Court, in the.first judicial district, affirming the order of the New York Special Term, sustaining a demurrer to the complaint. The defendant was married in Massachusetts, in 1848, to one Pomeroy. In 1855, Pomeroy went thence to Ghiacgo to procure a divorce for a cause which would not be recognized by the laws of 'Massachusetts, and to evade the laws of that State. The defendant went to Chicago; appeared in the action, and put in an answer. The plaintiff put in no replication, as the law of the State required him to do, and the…
1Opinion of the Court
Chubch, Ch. J.
The question is whether the plaintiff has stated in his complaint facts sufficient to entitle him to a judgment declaring the marriage contract between him and the defendant void. The statute declares that such judgment may be pronounced for the following (among other) causes:
“ That the consent one of the parties was obtained by force or fraud.”
“ That the former husband or wife of one of the parties was living, and that the marriage with such former husband or wife was then in force.”
As to the first ground, it is scarcely claimed that the allegations of the complaint are…
2Cases cited4 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Dobson v. . PearceNew York Court of Appeals · 1854
- Shumway v. StillmanNew York Supreme Court · 1831
- Kerr v. . KerrNew York Court of Appeals · 1869
3Cited by130 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- Morrill v. MorrillOregon Supreme Court · 1890
- The People v. . BakerNew York Court of Appeals · 1879
- Van Matre v. SankeyIllinois Supreme Court · 1893
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
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