Gall v. . Gall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon the verdict of a jury, and affirmed an order denying a motion for a new trial. This was an action to admeasure dower. The plaintiff, in her complaint, alleges “ that she is the widow of Joseph Gall, deceased.”
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of plaintiff, entered upon the verdict of a jury, and affirmed an order denying a motion for a new trial. This was an action to admeasure dower. The plaintiff, in her complaint, alleges “ that she is the widow of Joseph Gall, deceased.” The denial of this allegation by the defendants, Charles F. Gall and others, raised the only material issue of fact in the action. The facts, so far as material, are stated in the…
1Opinion of the CourtVann, J.
By this action, the plaintiff alleging that she was the lawful wife of one Joseph Gall, deceased, sought to recover dower in the lands of which he died seized. As she made no effort to prove a ceremonial marriage between herself and Mr. Gall, the decision of the issue turned primarily upon the inference to be drawn from certain acts and declarations of the parties and their marital reputation among their acquaintances.
The competency of the plaintiff to contract marriage with Mr. Gall was questioned upon the ground that she had been previously married to one John Jerman, who was still living,…
2Cases cited7 opinions
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- Clayton v. . WardellNew York Court of Appeals · 1850
- Platner v. . PlatnerNew York Court of Appeals · 1879
- McCartee v. CamelNew York Court of Chancery · 1846
- Cropsey v. McKinneyNew York Supreme Court · 1859
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3Cited by116 opinions
- People v. . PrioriNew York Court of Appeals · 1900
- People v. . SmithNew York Court of Appeals · 1902
- Stokes v. . StokesNew York Court of Appeals · 1910
- In Re the Estate of HaffnerNew York Court of Appeals · 1930
- In re the Estate of SmithNew York Surrogate's Court · 1930
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