Safford v. Safford
The Superior Court of the City of New York and Buffalo
Action to annul a marriage on the ground that defendant had a husband by a former marriage at the time of her marriage to plaintiff. Judgment for plaintiff.
1Opinion of the CourtMcADAM, J.
A marriage, invalid to all intents and no matter in what proceeding or in what court the question arises, is a void marriage.- 14 Am. & Eng. Enc. Law, 483. Thus, if a man, being already married, marries another woman, his marriage is invalid to all intents and purposes without any judgment declaring it void, for a man cannot have at the same time two wives, or a woman two husbands. Id. 499; Amory v. Amory, 6 Rob. (N. Y.) 514, 33 How. Pr. 490; Spicer v. Spicer, 16 Abb. Pr. (N. S.) 112; Cropsey v. Ogden, 11 N. Y. 228; Haviland v. Halstead, 34 N. Y. 643; People *641v. Baker, 76 N. Y. 78; In re…
2Cases cited7 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- The People v. . BakerNew York Court of Appeals · 1879
- Price v. . PriceNew York Court of Appeals · 1891
- Haviland v. . HalsteadNew York Court of Appeals · 1866
- Williamson v. ParisienNew York Court of Chancery · 1815
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