Liske v. Liske
New York Supreme Court
Action by Harry Liske against Jennie Liske for annulment of a. marriage on the ground of insanity. Judgment for plaintiff.
1Opinion of the CourtGreenbaum, J.
[1] The evidence establishes that at the time of her marriage with the plaintiff the defendant was a lunatic. It is, however, contended by the guardian ad litem of the defendant that an action for annulment on the ground of lunacy is not available to the sane spouse. I cannot assent to this view. Section 1743 of the Code of Civil Procedure provides for the maintenance of an action to annul- a marriage upon the ground that at the time of the marriage “one of the parties was an idiot or insane.” In the absence of anything in the statute to the contrary, one would naturally assume that either…
2Cited by7 opinions
- Hoadley v. HoadleyNew York Court of Appeals · 1927
- Reed v. ReedNew York Supreme Court · 1919
- Whitney v. WhitneyNew York Supreme Court · 1923
- People ex rel. Realty Associates v. O'LoughlinNew York Supreme Court · 1912
- George Taylor v. United StatesCourt of Appeals for the D.C. Circuit · 1955
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