Herron v. Herron
New York Supreme Court
Motiost made by plaintiff for counsel fee and alimony in an action brought by her to annul a marriage on the ground that she was under the legal age of consent when the marriage ceremony was performed.
1Opinion of the CourtDunwell, J.
Motion, for alimony and counsel fee, in action by wife, on ground of nullity, it being alleged that the marriage took place before she arrived at the legal age of consent.
Although the Code of Civil Procedure does not provide for alimony or counsel fee in actions to dissolve marriage for nullity, it is, nevertheless, held in numerous cases that the Supreme Court has jurisdiction of the subject, as successor to the Court of Chancery. Fiero on Special Actions, vol. 2, p. 959, and cases cited.
But in Meo v. Meo, 22 Abb. N. C. 58, Judge O’Brien, on a review of the cases, shows that in an action…
2Cases cited1 opinion
- Meo v. MeoNew York Supreme Court · 1888
3Cited by2 opinions
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Gore v. GoreNew York Supreme Court · 1904