E. B. v. E. C. B.
New York Supreme Court
THIS was an appeal from an order made at a special term, denying a petition presented by the mother of the defendant, as her natural guardian, (the defendant being an infant under the age of twenty-one,) praying that the decree obtained in this action, dissolving the marriage contract between the plaintiff and defendant, on the ground of the defendant’s impotence, might be opened and the petitioner permitted to defend the action.
1Opinion of the CourtIngraham, J.
The parties to this action were married in October, 1857. The wife, at the time, was an infant of about 19 years of age. In November of the same year proceedings were commenced for a dissolution of the marriage contract upon the ground of impotence. A guardian was appointed for the infant defendant, who put in an answer, consented to a reference on two days’ notice, to a hearing on ten days’ notice before a referee; to a hearing before the court on four days’ notice; and without any opposition permitted a decree to be taken against the defendant by default.
During these proceedings, the mother…
2Cases cited2 opinions
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Cresson v. MillerSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Gray v. DurlandNew York Supreme Court · 1867
- State v. Florida Central RailroadSupreme Court of Florida · 1876
- Gray v. DurlandNew York Supreme Court · 1867
- Simmons v. SimmonsNew York Supreme Court · 1884