Legal Opinion
Fagin v. Fagin
New York Supreme Court
Decided December 15, 1914PublishedCited by 5 opinions
Action to annul a marriage.
1Opinion of the CourtKapper, J.
The plaintiff seeks to annul his marriage to the defendant upon the ground that her former husband was living at the time. He has proven some facts, chiefly by way of admissions by the defendant, from which it might be found that the defendant had been previously married in Eussia, but when was not made to appear. Beyond that proof the plaintiff does not go. He neither proves the existence of the former husband nor that the former marriage was not legally dissolved. The plaintiff invokes the rule that a state of facts once proved to exist is presumed to continue, and argues that this requires…
2Cases cited4 opinions
- In re the Application for Letters of Administration de Bonis Non on the Goods, Chattels & Credits of MeehanAppellate Division of the Supreme Court of the State of New York · 1912
- In re HamiltonNew York Supreme Court · 1894
- Palmer v. . PalmerNew York Court of Appeals · 1900
- In re the Application for Ltd. Letters of Administration on the Goods, Chattels & Credits of GrandeNew York Surrogate's Court · 1913
3Cited by5 opinions
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- In re the Probate of the Last Will & Testament of SalvinNew York Surrogate's Court · 1919
- Price v. TompkinsNew York Supreme Court · 1919
- Chayka v. ChaykaNew York Supreme Court · 1943
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of HafnerNew York Surrogate's Court · 1924