Matter of Hinman

New York Court of Appeals

Matter of Hinman

99 N.E. 1109, 206 N.Y. 653, 1912 N.Y. LEXIS 1043

New York Court of Appeals·Decided June 21, 1912·Published·Cited by 2 cases

Opinion

Per Curiam.

The order of the Appellate Division should be affirmed, with costs, solely upon the ground that there was evidence sufficient to authorize the finding that there was a common-law marriage between the administratrix and decedent prior to January 1st, 1902, the date on which chapter 339 of the Laws of 1901 took effect; and also that such evidence was sufficient to raise a presumption of a ceremonial marriage prior to that date. The conclusion of the Appellate Division, that chapter 742 of the Laws of 1907 has now made common-law marriages valid in this state, has not been considered or determined by us.

Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ., concur.

Order affirmed.

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Per Curiam.

The order of the Appellate Division should be affirmed, with costs, solely upon the ground that there was evidence sufficient to authorize the finding that there was a common-law marriage between the administratrix and decedent prior to January 1st, 1902, the date on which chapter 339 of the Laws of 1901 took effect; and also that such evidence was sufficient to raise a presumption of a ceremonial marriage prior to that date. The conclusion of the Appellate Division, that chapter 742 of the Laws of 1907 has now made common-law marriages valid in this state, has not been considered or determined by us.

Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ., concur.

Order affirmed.

Matter of Hinman, 99 N.E. 1109, 206 N.Y. 653, 1912 N.Y. LEXIS 1043 (N.Y. 1912).

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Opinion

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