Safford v. Safford
The Superior Court of New York City
Trial by court without a jury. Action by husband to annul a marriage upon the •ground that defendant had intermarried with plaintiff while her husband by a former marriage was still living.
1Opinion of the CourtMcAdam, J.
A marriage, invalid to all intents and purposes, no matter in what proceeding or in what court the question arises, is a void marriage (14 Am. & Eng. Encl. of L. 483). Thus, if a man being already married marries ■another woman, his marriage is invalid to all intents and purposes without any judgment declaring it void, for a man cannot have at the same time two wives, or a woman two husbands (Ib. 499, Amory v. Amory, 6 Robt. 514; *74s. c., 33 How. Pr. 490; Spicer v. Spicer, 16 Abb. Pr. N. S.. 112; Cropsey v. Cropsey, 11 N. Y. 228; Haviland v. Halsey, 34 Id. 643; People v. Baker, 76 Id. 78; In re…
2Cases cited4 opinions
- Price v. . PriceNew York Court of Appeals · 1891
- Williamson v. ParisienNew York Court of Chancery · 1815
- Cropsey v. . OgdenNew York Court of Appeals · 1854
- Amory v. AmoryThe Superior Court of New York City · 1866
3Cited by1 opinion
- Shea v. SheaAppellate Division of the Supreme Court of the State of New York · 1955