Vanderbilt v. Mitchell
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Garrison, whose opinion is reported in 71 N. J. Eq. (1 Buck.) 6SB. The bill in this case is filed by John Vanderbilt against Myra L. J. Vanderbilt, his wife, William Godfrey Vanderbilt, an infant, appearing herein by guardian, and Henry Mitchell, as medical superintendent of the bureau of vital statistics of the State of New Jersey.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Garrison, whose opinion is reported in 71 N. J. Eq. (1 Buck.) 6SB. The bill in this case is filed by John Vanderbilt against Myra L. J. Vanderbilt, his wife, William Godfrey Vanderbilt, an infant, appearing herein by guardian, and Henry Mitchell, as medical superintendent of the bureau of vital statistics of the State of New Jersey. The complainant charges that he is the husband of the defendant Myra L. J. Vanderbilt; that they were married in this state in February, 1901, and then were, and are now, residents of this…
1Opinion of the Court
The opinion of the court was delivered by
Dill, J.
No one of the allegations of the bill of complaint presents an exception to the general rule that the facts alleged must be regarded as admitted under a demurrer, as must all the facts which can be implied by a reasonable and fair intendment.
A court of equity is the only tribunal which can afford adequate relief to the complainant under the peculiar and somewhat novel circumstances of this case, and that regardless of whether certiorari or mandamus would afford him relief in certain respects.
The complainant properly invokes the aid of a court…
2Cases cited4 opinions
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Jones v. PorterMississippi Supreme Court · 1882
- Fenton v. WaySupreme Court of Iowa · 1876
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- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
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