Legal Opinion

Taylor v. . Taylor

New York Court of Appeals

Decided January 13, 1903PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The motion for judgment upon the counterclaim, made at the opening of the case, and for a dismissal ' of the complaint, at the close of the plaintiff’s case, should have been granted, and the exceptions to the denial of those motions were well taken. (Amory v. Amory, 6 Robt.…

1Opinion of the Court

Parker, Ch. J.

We are unable to consider the very interesting questions presented by appellant’s counsel on this review for the lack of exceptions properly presenting them.

The trial court found that prior to the ceremonial marriage of plaintiff and defendant, and on January 12, 1860, plaintiff married one James Dennis, with whom she lived until 1862, when he disappeared; that long before her marriage to defendant she made inquiries about Dennis among his friends and others with the result that she was unable to learn anything of his whereabouts; that she had believed him to be dead for a…

2Cases cited1 opinion

  1. Gildersleeve v. . LandonNew York Court of Appeals · 1878

3Cited by10 opinions

  1. Dodge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1930
  2. Stokes v. StokesAppellate Division of the Supreme Court of the State of New York · 1908
  3. Roston v. FolsomDistrict Court, E.D. New York · 1957
  4. Rubman v. RubmanNew York Supreme Court · 1931
  5. Bombard v. BombardConnecticut Superior Court · 1938

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