Reed v. Reed
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Reed, from a judgment Of the Supreme Court in favor of the defendant, entered in " the office of the clerk of the county of Albany on the 10th day of February, 1919, dismissing the complaint on a motion made upon the pleadings at the opening of the trial, on the ground that the same did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
H. T. Kellogg, J.:
This is an appeal from a judgment sustaining a demurrer to a complaint. The complaint is very brief. It alleges that the parties to the action were married on the 11th day of November, 1914; that at the time of the marriage the defendant was a lunatic; that defendant has continued ever since to be insane; that she is now confined in a State hospital for the insane; that the parties have not lived together since the 18th of December, 1914; that there were no issue of the marriage. It is not alleged that ■ the plaintiff was ignorant of the lunacy of the defendant at the time…
2Cited by8 opinions
- Hoadley v. HoadleyNew York Court of Appeals · 1927
- Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
- Sleicher v. SleicherAppellate Division of the Supreme Court of the State of New York · 1928
- Gilels v. GilelsNew York Supreme Court · 1935
- Marvis v. MarvisAppellate Division of the Supreme Court of the State of New York · 1926
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