Chittenden v. Chittenden
New York Supreme Court
Suit by Edward Chittenden against Ellenor Chittenden for annulment of marriage. On plaintiff’s demurrer to defendant’s answer setting up the statute of limitations.
1Opinion of the CourtBrown, J.
Plaintiff and defendant were married December 4, 1890. No children were born of the marriage. The plaintiff brings this action to annul the same on the ground that at the time thereof the defendant had a husband then, and who is now, living. The defendant answers, alleging that more than 10 years have elapsed since plaintiff’s cause of action accrued, and that the same is barred by the statute of limitations. Section 388, Code Civ. Proc.
The plaintiff’s demurrer raises the question whether the statute of limitations has any application to this cause of action. It is provided "by statute…
2Cases cited1 opinion
- Montgomery v. MontgomeryNew York Court of Chancery · 1848
3Cited by1 opinion
- Chittenden v. ChittendenAppellate Division of the Supreme Court of the State of New York · 1910