Hopper v. Hopper
New York Supreme Court
Appeal from special term, Monroe county. Action by Joseph W. Hopper against Emma B. Hopper to declare void a marriage contract. From an order directing plaintiff to defendant’s attorneys $75 as counsel fees, and for the expense of conducting the defense, plaintiff appeals.
1Opinion of the CourtBradley, J.
The action was brought to procure a judgment declaring void the marriage contract of the parties, for the alleged reason that the former husband of the defendant then was and is living, and that the marriage with such former husband was then and is in force. Code Civ. Proc. § 1743. Those facts are alleged, and are admitted by the parties in their pleadings; and the only issues presented by the complaint and answer raise the question of good faith of the parties, respectively, in contracting the marriage. The plaintiff alleges good faith on his part. This is denied by the answer of the…
2Cases cited5 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- O'Dea v. . O'DeaNew York Court of Appeals · 1885
- Collins v. . CollinsNew York Court of Appeals · 1877
- Kerrison v. KerrisonNew York Supreme Court · 1880
- Appleton v. WarnerNew York Supreme Court · 1868
3Cited by2 opinions
- Gore v. GoreNew York Supreme Court · 1904
- Park v. ParkNew York Supreme Court · 1898