Peugnet v. Phelps
New York Supreme Court
THIS is an action for the purpose of having a marriage declared void, on the ground that a divorce was obtained against the defendant, by her former husband, for' adultery with this same plaintiff; that in the decree in which the divorce was ordered she was forbidden to marry again until her said husband should be dead ; and that in disobedience of this provision, she and the plaintiff in this action went to Jersey City, in the state of Hew Jersey, and were there married,…
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THIS is an action for the purpose of having a marriage declared void, on the ground that a divorce was obtained against the defendant, by her former husband, for' adultery with this same plaintiff; that in the decree in which the divorce was ordered she was forbidden to marry again until her said husband should be dead ; and that in disobedience of this provision, she and the plaintiff in this action went to Jersey City, in the state of Hew Jersey, and were there married, according, as appears from, the answer, to the rites of the Protestant Episcopal church.
1Opinion of the CourtClerke, J.
This court has no inherent power to declare a marriage contract void; neither has it inherent power to decree a limited or an absolute divorce. • The common law courts, or court of chancery in England, never possessed it. The jurisdiction in relation to marriage and divorce was confined, until very recently, to the ecclesiastical courts; although parliament frequently granted divorces dissolving the marriage contract for adultery.
Whatever power, therefore, this court possesses is given by statute. It can exercise no power, on the subject of divorce, except what is expressly specified in the…
2Cited by11 opinions
- Rice v. AndrewsNew York Supreme Court · 1926
- Davidson v. ReamNew York Supreme Court · 1916
- Becker v. BeckerAppellate Division of the Supreme Court of the State of New York · 1901
- Berlinsky v. BerlinskyAppellate Division of the Supreme Court of the State of New York · 1923
- Blott v. RiderNew York Supreme Court · 1873
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