Legal Opinion
Diemer v. Diemer
New York Court of Appeals
Decided July 8, 1960PublishedCited by 74 opinions
1Opinion of the CourtFuld, J.
The question on this appeal is whether a wife’s repudiation of the validity of her marriage and her refusal to have sexual relations with her husband unless he submits to a remarriage in a church of her religious faith entitle the husband to a decree of separation.
Mr. and Mrs. Diemer were married in 1947. He was a Protestant, 41 years of age, she a Roman Catholic, a year younger. Having anticipated problems in accommodating their religious differences, they discussed this issue and reached an agreement concerning it. Although other aspects of their agreement were in dispute at the trial, it…
2Cases cited14 opinions
- Mirizio v. MirizioNew York Court of Appeals · 1926
- Fritz v. FritzIllinois Supreme Court · 1891
- Southwick v. SouthwickMassachusetts Supreme Judicial Court · 1867
- Dudley v. . DudleySupreme Court of North Carolina · 1945
- Hofmann v. . HofmannNew York Court of Appeals · 1921
9 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- Greene v. HellmanNew York Court of Appeals · 1980
- Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980
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