Baylis v. . Baylis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 2, 1911, which affirmed a judgment of Special Term annulling the marriage of plaintiff and defendant, but denying plaintiff any custody or control over a child born of the marriage. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 2, 1911, which affirmed a judgment of Special Term annulling the marriage of plaintiff and defendant, but denying plaintiff any custody or control over a child born of the marriage. The facts, so far as material, are stated in the opinion. The child of the parties hereto is the legitimate child of the plaintiff, who should be awarded her custody and be entitled to appoint by will a guardian of her person. (Code Civ. Pro. § 1745; Earle v. Earle, 141 App. Div. 611.) The…
1Opinion of the CourtMiller, J.
This appeal involves the custody and legitimacy of a child of a marriage adjudged to be void for the reason that the defendant had a husband living at the time it was contracted. She had obtained a decree of divorce from her former husband in the state of Connecticut without bis appearance in the suit and without personal service of the summons upon him within that state. The matrimonial domicile was in this state, wherefore the decree was void. (Haddock v. Haddock, 201 U. S. 562.)
The trial court found in this case that prior to his marriage to the defendant, the plaintiff was informed of the…
2Cases cited2 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Earle v. EarleAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by11 opinions
- Claim of Bell v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Gritta's CaseMassachusetts Supreme Judicial Court · 1920
- Anonymous v. AnonymousAppellate Terms of the Supreme Court of New York · 1940
- Goodman v. GoodmanSupreme Court of Virginia · 1928
- Broadbent's CaseMassachusetts Supreme Judicial Court · 1922
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