Conte v. Conte
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jose Oonte, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8tli day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, annulling the marriage between the parties.
1Opinion of the Court
Laughlin, J.:
The parties were married in this State on the 10th day of April, 1902. The age of legal consent at that time for both males and females was eighteen years. (Dom. Rel. Law [Laws of 1896, chap. 272], § 4.) The plaintiff was seventeen years of age at the time of the marriage and she claims the right to have the marriage annulled by virtue of the provisions of section 1743 of the Code of Civil Procedure. She has made the necessary proof under that section, if it be applicable, to sustain, the judgment.
The appellant contends that the only authority for annulling the marriage on the…
2Cases cited1 opinion
- Bennett v. SmithNew York Supreme Court · 1856
3Cited by5 opinions
- Kruger v. KrugerAppellate Division of the Supreme Court of the State of New York · 1910
- Wander v. WanderAppellate Division of the Supreme Court of the State of New York · 1906
- Lewis v. StateNew York Court of Claims · 1920
- Macri v. MacriAppellate Division of the Supreme Court of the State of New York · 1917
- Earl v. EarlAppellate Division of the Supreme Court of the State of New York · 1904