Mirizio v. Mirizio

Martin, J.:

On September 3, 1921, the plaintiff and defendant were married at the Borough Hall, The Bronx, by the deputy city clerk. Thereafter defendant brought an action against plaintiff to annul the marriage. The court held the marriage valid and dismissed the complaint. No appeal was taken from that judgment. The marriage was not only held valid by the court, but its validity is recognized by the plaintiff in this action for a separation.

The question is whether a wife, who refuses to live with her husband until he participates with her in a marriage ceremony by a clergyman of a religious…