Legal Opinion

Lowe v. Lowe

New York Court of Appeals

Decided July 3, 1934PublishedCited by 45 opinions

1Opinion of the CourtLehman, J.

The plaintiff has brought an action for a declaratory judgment that the plaintiff is the lawful wife of the defendant Henry W. Lowe; that a decree of divorce made without jurisdiction in the State of Nevada is void and that the defendants are not husband and wife. In an action for a declaratory judgment “ further or consequen tial relief ” may be claimed. (Rules Civ. Prac. rule 211; Civ. Prac. Act, § 473.) The plaintiff in this action asks as “ further or consequential relief ” an injunction restraining the defendants from holding themselves out as husband and wife, and restraining the…

2Cases cited3 opinions

  1. Baumann v. BaumannNew York Court of Appeals · 1929
  2. Somberg v. SombergNew York Court of Appeals · 1933
  3. Valentine v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by45 opinions

  1. Kane v. WalshNew York Court of Appeals · 1946
  2. Rosenbaum v. RosenbaumNew York Court of Appeals · 1955
  3. Melnick v. MelnickSuperior Court of Pennsylvania · 1941
  4. Goldstein v. GoldsteinNew York Court of Appeals · 1940
  5. In re ShipleyNew York Supreme Court · 1960

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