Tiedemann v. Tiedemann
New York Supreme Court
Action for the annulment of a marriage.
1Opinion of the CourtCrane, J.
The law of annulment of a marriage under section 1743, subdivision 2, of the Code of Civil Procedure is as follows:
If the wife knows at the time of her second marriage that her first husband is living, the marriage is void, not voidable, and no legal proceedings are necessary to set it aside. The fact that the second husband also knew that the first husband was alive, or continued to live with the woman after discovering the truth, will not estop him from avoiding his marriage. In such a case, there can be no equities to prevent the second husband declaring the marriage void. On the other…
2Cases cited6 opinions
- Stokes v. . StokesNew York Court of Appeals · 1910
- Hall v. HallAppellate Division of the Supreme Court of the State of New York · 1910
- Berry v. BerryAppellate Division of the Supreme Court of the State of New York · 1909
- Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 1912
- Tait v. TaitThe Superior Court of the City of New York and Buffalo · 1893
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3Cited by7 opinions
- People v. KayCity of New York Municipal Court · 1931
- Seacord v. SeacordSuperior Court of Delaware · 1927
- Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
- Bonney v. BonneyNew York Supreme Court · 1946
- Slater v. KennyNew York Supreme Court · 1941
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