Price v. . Price
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made ¡November 7,1889, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made ¡November 7,1889, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. April 23, 1839, Walter W. Price and Susanna Butler intermarried in England and lived together as husband and wife at Birmingham for about one year, when he came to the United States, where he resided until his death. July 1, 1865, Price and Constance Bridget Tallón, the plaintiff in this action, intermarried at…
1Opinion of the Court
Follett, Ch. J.
The primary question underlying this case is whether, when a wife absents herself from her husband for five successive years without being known by him to be living within' that time, and he contracts a second marriage ' which is annulled in an action between them because the first wife is living, such second wife is entitled to dower in the real estate owned by him at the date of the entry of the judgment of nullification?
In this state the right to dower arises out of the rules of the common law, except in so far as they have been changed by our statutes.
By the common and…
2Cases cited13 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Moore v. . HegemanNew York Court of Appeals · 1883
- Barrett v. FailingSupreme Court of the United States · 1884
- Wait v. . WaitNew York Court of Appeals · 1850
- Cropsey v. McKinneyNew York Supreme Court · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Coats v. CoatsCalifornia Supreme Court · 1911
- Home of the Holy Infancy v. KaskaTexas Supreme Court · 1965
- In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
- Wood v. WoodSupreme Court of Arkansas · 1894
- Berry v. BerryAppellate Division of the Supreme Court of the State of New York · 1909
26 more not listed; retrieve them via the Exa API.