Dove v. McE. Dove

Appellate Division of the Supreme Court of New York

Dove v. McE. Dove

272 A.D.2d 1036

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

DecidedOctober 29, 1947

StatusPublished

This text of 272 A.D.2d 1036 (Dove v. McE. Dove) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dove v. McE. Dove, 272 A.D.2d 1036 (N.Y. Ct. App. 1947).

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Opinion

Judg-, ment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The record does not sustain a finding that the statement in the birth certificates as to the legitimacy of the children is binding on the defendant. The finding that a common-law marriage was in existence at the time of the marriage of the plaintiff and defendant was against the weight of evidence. All concur, except Dowling, J., not voting, and Larkin, J., who dissents and votes for affirmance. (The judgment awards plaintiff a decree of annulment.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Judg-, ment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The record does not sustain a finding that the statement in the birth certificates as to the legitimacy of the children is binding on the defendant. The finding that a common-law marriage was in existence at the time of the marriage of the plaintiff and defendant was against the weight of evidence. All concur, except Dowling, J., not voting, and Larkin, J., who dissents and votes for affirmance. (The judgment awards plaintiff a decree of annulment.) Present — Dowling, Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

272 A.D.2d 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dove-v-mce-dove-nyappdiv-1947.