Fox v. Fox

Appellate Division of the Supreme Court of New York

Fox v. Fox

159 A.D. 917, 144 N.Y.S. 1116

Procedural entryThis page is a short order in Fox v. Fox. Read the opinion of the Court — 143 A.D. 483 →

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1913·Published

Opinion

There is no allegation in the complaint that the disease of epilepsy has any effect upon the ability of the person suffering therefrom to discharge every obligation of the marital relation, or that his progeny, if any, will be in any wise affected thereby. Interlocutory judgment reversed, and demurrer sustained, with leave to plaintiff to serve an amended complaint within twenty days, without costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

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There is no allegation in the complaint that the disease of epilepsy has any effect upon the ability of the person suffering therefrom to discharge every obligation of the marital relation, or that his progeny, if any, will be in any wise affected thereby. Interlocutory judgment reversed, and demurrer sustained, with leave to plaintiff to serve an amended complaint within twenty days, without costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

Fox v. Fox, 159 A.D. 917, 144 N.Y.S. 1116 (N.Y. Ct. App. 1913).

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