Magee v. Nealon
New York Supreme Court
Action for the annulment of a marriage.
1Opinion of the CourtSawyer, J.
The defendants were married at Elmira, N. Y., March 16,1919, the said Stella Mae Nealon then being about fifteen and one-half years old, and her husband nineteen. Their marriage was without the knowledge or consent of plaintiff or his wife, the father and mother of defendant Stella Mae, and this action is brought by him for its annulment under the provisions of section 1744 of the Code of Civil Procedure.
Plaintiff’s counsel has ably and forcefully presented the case upon the theory that whatever may have *397transpired between the parties following the marriage, the statute is mandatory, and it…
2Cases cited3 opinions
- Cunningham v. . CunninghamNew York Court of Appeals · 1912
- Berry v. BerryAppellate Division of the Supreme Court of the State of New York · 1909
- Allerton v. AllertonNew York Supreme Court · 1918
3Cited by2 opinions
- Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
- Short v. HotalingNew York Supreme Court · 1962