People Ex Rel. McCanliss v. McCanliss

Cardozo, Ch. J.

The relator and the respondent were married in April, 1923, and lived together as husband and wife till December, 1927.

The month following the separation, the husband began an action against his wife for the annulment of the marriage. He complained that fraudulent representations had been made to him as to her origin, her legitimacy and the moral character of her parents. The wife appeared and answered.

Three months later, the relator sued out a writ of habeas corpus under section 70 of the Domestic Relations Law (Cons. Laws, ch. 14), to determine the custody of a child, the…