Cunningham v. . Cunningham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The cause of action coming within the statutes of the state of New York, plaintiff was entitled to the relief prayed for in the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The cause of action coming within the statutes of the state of New York, plaintiff was entitled to the relief prayed for in the complaint. (Stokes v. Stokes, 198 N. Y. 301; Code Civ. Pro. § 1743; L. 1909, ch. 19, § 7.) The parties to this action, citizens of…
1DissentWerner, J.
The action was brought to procure the annulment of a marriage solemnized in New Jersey between the parties who were and are residents of this state. The ground upon which this annulment is sought is that, at the time of the marriage, the plaintiff was under the age of eighteen which, by our statute, is fixedasthe ageof legal consent. (DomesticBelationsLaw, sec. J, subd. 1.) Although the defendant neither appeared nor answered in the action the learned court at Special Term held that the plaintiff was not entitled to the relief for which she prays, and at the Appellate Division there was a…
2Cases cited9 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Thorp v. . ThorpNew York Court of Appeals · 1882
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