Appleton v. Warner
New York Supreme Court
THIS action was brought by the plaintiff to obtain a decree of this court declaring void his marriage with the defendant, for the reason that she, at the time of such marriage, had a husband living and from whom she had never been divorced. The complaint also avers that the defendant expressed herself to be a widow, and concealed the fact that she had such living husband from the plaintiff.
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THIS action was brought by the plaintiff to obtain a decree of this court declaring void his marriage with the defendant, for the reason that she, at the time of such marriage, had a husband living and from whom she had never been divorced. The complaint also avers that the defendant expressed herself to be a widow, and concealed the fact that she had such living husband from the plaintiff. The answer of the defendant admits the marriage with the plaintiff; admits the former marriage with one Warner, and that he was living; admits that no children were born of the marriage of the parties to…
1Opinion of the CourtGeo. G. Barnard, P. J.
Courts have large powers of amendment of pleadings, if such amendment be “ in fur*272Iterance of justice.” The papers show very clearly that the first subdivision of the amended answer allowed to be put in is false. Maria Warner told the defendant of the receipt of a letter from her husband, but a year before the marriage with the plaintiff, and the defendant then knew the fact that he was living, and where he was living, and said “ she would not live with him if he should return from San Francisco.”
The insanity of the plaintiff, at the commencement of the action, is not an inssuable fact in the…
2Cases cited1 opinion
- Fenton v. ReedNew York Supreme Court · 1809
3Cited by4 opinions
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Gore v. GoreNew York Supreme Court · 1904
- Hopper v. HopperNew York Supreme Court · 1895