Earl v. Earl
Appellate Division of the Supreme Court of the State of New York
Action by Nellie L. Dickerson Earl, an infant, against Wheeler N. Earl.
1Per curiam
Judgment and order affirmed, with costs. Held, that plaintiff at thie time of her marriage, having been under the age of legal consent as fixed by chapter 272, p. 215, Laws 1896 (domestic relations law), was entitled to maintain this action for the annulment of her marriage under sections 1743, 1744, of the Code of Civil Procedure, and was not governed by the provisions of section 1742 of said Code (Conte v. Conte, 82 App. Div. 335, 81 N. Y. Supp. 923); also held, that plaintiff, having an absolute statutory right to an annulment of her marriage because contracted under the age of 18 years,…
2Cases cited2 opinions
- Conte v. ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Conte v. ConteAppellate Division of the Supreme Court of the State of New York · 1903