Montgomery v. Montgomery
New York Court of Chancery
This case came before the chancellor upon a bill filed by the husband, against his wife, to annul the marriage contract between them, on..the ground of fraud.
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This case came before the chancellor upon a bill filed by the husband, against his wife, to annul the marriage contract between them, on..the ground of fraud. The bill was filed, in , April,.1846, a,nd stated ..in substance, that in October, 1834, the .«complainant, being then nineteen years of age, went to reside with his maternal uncle, Ephraim Jones of Johnstown, and continued to live with him until March,' 1836; that the defen-' dánt, who was the" sister of Jones’"wife, was residing in the family and continued to reside there during the- same time;. that about the first of January, 1836,…
1Opinion of the Court
The Chancellor..
There are several objections in this case to the granting of the relief asked for by the complainant. His solicitor, who saw the defendant about two years previous to the time of his examination as a witness before the master, testified that she was then in a state of apparent idiocy. If that was the case, he should have procured the appointment of a guardian ad litem to appear and defend this suit for her; and the complainant cannot obtain the benefit of a tacit admissions of the fraud charged against her in the bill.
Again ; the court does not annul a marriage contract upon…
2Cited by14 opinions
- Romano v. RomanoNew York Court of Appeals · 1967
- Lyon v. LyonNew York Supreme Court · 1861
- Steimer v. SteimerNew York Supreme Court · 1902
- States v. StatesNew Jersey Court of Chancery · 1883
- Chittenden v. ChittendenNew York Supreme Court · 1910
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