Legal Opinion

Atkinson v. Atkinson

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1924PublishedCited by 6 opinions

1Opinion of the Court

Kelby, J.:

The plaintiff wife, after marriage to the defendant nearly twenty-two years ago, brought an action for separation against her husband, alleging cruelty and abandonment as the grounds. The defendant set up, as an affirmative defense, that prior to the performance of the ceremonial marriage with him, and on February 8, 1881, *661the plaintiff had been married to one Robert H. Boyd; that such marriage had not been annulled or dissolved, and that Boyd was living at the time of the performance of the ceremonial marriage aforesaid. The defendant also alleged that the ceremony between him and…

2Cases cited8 opinions

  1. Dash v. Van KleeckNew York Supreme Court · 1811
  2. In Re the Estate of MillerNew York Court of Appeals · 1888
  3. Price v. . PriceNew York Court of Appeals · 1891
  4. People, Ex Rel. Newcomb v. . McCallNew York Court of Appeals · 1884
  5. Brower v. BowersNew York Court of Appeals · 1850

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3Cited by6 opinions

  1. Caspar v. SnyderDistrict Court, E.D. Michigan · 2015
  2. Hatfield v. United StatesCourt of Appeals for the Second Circuit · 1942
  3. Dodge v. CampbellNew York Supreme Court · 1927
  4. Boyd v. BoydAppellate Division of the Supreme Court of the State of New York · 1929
  5. In re the Estate of SandersNew York Surrogate's Court · 1928

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