Kruger v. Kruger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna J. Kruger, by her guardian ad litem, etc.,, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 17th day of Hovember, 1909, upon the decision of the court rendered at the Hew York Special Term dismissing the complaint in an undefended action for annulment of a marriage brought by the wife under section 1743, subdivision 1, of the Code of Civil Procedure.
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Appeal by the plaintiff, Anna J. Kruger, by her guardian ad litem, etc.,, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 17th day of Hovember, 1909, upon the decision of the court rendered at the Hew York Special Term dismissing the complaint in an undefended action for annulment of a marriage brought by the wife under section 1743, subdivision 1, of the Code of Civil Procedure. The opinions delivered at Special Term are reported in Kruger v. Kruger (64 Misc. Rep. 382; N. Y. L. J., Oct. 14, 1909).
1Opinion of the Court
Miller, J.:
The court found that the plaintiff was seventeen years five months and twenty-two days old at the time of the marriage, which was contracted upon the written consent of the parents, and that she was seventeen years nine months and eight days old at the time of her separation from the defendant. The right of a wife to main*290tain an action for an annulment of the marriage, pursuant to section 1743 of the Code of Civil Procedure, is no longer an open question in this court. (Conte v. Conte, 82 App. Div. 335 ; Earl v. Earl, 96 id. 639; Wander v. Wander, 111 id. 189.) In the first case…
2Cases cited1 opinion
- Conte v. ConteAppellate Division of the Supreme Court of the State of New York · 1903
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- Keegan v. KeeganAppellate Division of the Supreme Court of the State of New York · 1924
- Mundell v. CosterNew York Supreme Court · 1913
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