Gibbons v. Gibbons

Appellate Division of the Supreme Court of New York

Gibbons v. Gibbons

235 A.D. 802

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

DecidedApril 15, 1932

StatusPublished

This text of 235 A.D. 802 (Gibbons v. Gibbons) 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

Gibbons v. Gibbons, 235 A.D. 802 (N.Y. Ct. App. 1932).

Pincite

Opinion

Judgment reversed upon the law, with costs, and the action remitted to the Special Term to take plaintiff’s proof of the allegations of her complaint. In our opinion, the marriage of these parties was not merely voidable, but absolutely void, and plaintiff was, therefore, entitled to have it annulled even though she had lived with the defendant for several years after first having.some information of the prior marriage. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Judgment reversed upon the law, with costs, and the action remitted to the Special Term to take plaintiff’s proof of the allegations of her complaint. In our opinion, the marriage of these parties was not merely voidable, but absolutely void, and plaintiff was, therefore, entitled to have it annulled even though she had lived with the defendant for several years after first having.some information of the prior marriage. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

235 A.D. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-gibbons-nyappdiv-1932.