Stokes v. Stokes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William A. Stokes, 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 20th day of January, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits.
1Dissent
Gayhor, J. (dissenting):
This cause is of. great importance to the community as well as to the parties, and needs to be reduced to strict accuracy arid treated scientifically in order to be. correctly decided.
1. The complaint is under section 1743 of the Code of Civil Procedure, which provides that an action may “ be maintained to procure a judgment declaring a marriage contract void, and annulling the marriage”, on the ground (among several .grounds) that at the time thereof the defendant had a husband or wife living. The complaint alleges only the marriage of the parties, viz., in 1905, and…
2Cases cited3 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Gall v. . GallNew York Court of Appeals · 1889
- Tyler v. TylerNew York Supreme Court · 1894