Griffin v. . Griffin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, modifying order of Special Term making allowances to defendant for counsel fees and expenses, and affirming the order as modified.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, modifying order of Special Term making allowances to defendant for counsel fees and expenses, and affirming the order as modified. The plaintiff brought this action to declare void the marriage contract between himself and the defendant, under the provisions of article 2, title 1, chapter 8, part 2, of the Bevised Statutes, upon the ground that a former husband of the defendant was living at the time of the making of such marriage contract. ' The referee, to whom it was referred to try the issues in…
1Opinion of the CourtRapallo, J.
This action was brought by the husband to have the marriage declared void by reason of a previous marriage of the wife. The order appealed from was made at the final hearing of the action, on the report of the referee, and directed the plaintiff to pay certain sums to the attorney and counsel for the defendant for counsel fees and expenses theretofore incurred in her defence, which was successful.
It is conceded that there is no statute in terms authorizing the order, and that, if sustained, it must rest upon the incidental powers formerly vested in the Court of Chancery, in cases of this…
2Cases cited7 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Perky v. PerryNew York Court of Chancery · 1831
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Mix v. MixNew York Court of Chancery · 1814
- Graves v. GravesNew York Court of Chancery · 1830
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3Cited by62 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- O'Shea v. O'SheaNew York Court of Appeals · 1999
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
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