Legal Opinion

Everett v. Everett

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by the'plaintiff, Georgia L. Everett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of July, 1901, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the plaintiff’s complaint.

1Opinion of the Court

Woodward, J.:

This action was brought for the purpose of setting aside, on the ground of fraud, a judgment of the Supreme - Court entered in April, 1888, annulling the marriage of the' parties to this action. The plaintiff alleges that she was married to the defendant on October 30, 1884, at Brooklyn, by John Courtney,-a justice of the peace, and cohabited with him up to June 1, 1891; that in 1887, the defendant, with fraudulent intent, told her that his' family would not recognize such a marriage, and that a ceremonial marriage must take place before a clergyman; that in order to have such…

2Cases cited7 opinions

  1. Hanley v. DonoghueSupreme Court of the United States · 1885
  2. Christmas v. RussellSupreme Court of the United States · 1866
  3. Simmons v. SaulSupreme Court of the United States · 1891
  4. Kinnier v. . KinnierNew York Court of Appeals · 1871
  5. Kerr v. . KerrNew York Court of Appeals · 1869

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3Cited by3 opinions

  1. Coakley v. RickardNew York Supreme Court · 1910
  2. Everett v. . EverettNew York Court of Appeals · 1905
  3. Everett v. EverettAppellate Division of the Supreme Court of the State of New York · 1903

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