Milliren v. Milliren

Appellate Division of the Supreme Court of New York

Milliren v. Milliren

264 A.D. 833, 35 N.Y.S.2d 371, 1942 N.Y. App. Div. LEXIS 4907

Appellate Division of the Supreme Court of the State of New York·Decided May 22, 1942·Published

Opinion

Interlocutory judgment reversed on the law and facts, without costs of this appeal to either party, and a new trial granted, upon the ground that the evidence does not support a finding that the defendant had a wife by a former marriage living at the time he entered into the marriage alleged in the complaint. Upon making proper proof the plaintiff would be entitled to a judgment declaring the marriage null and void. Finding of fact No. 5 reversed. All concur, Harris, J., in result. (The interlocutory judgment grants an annulment of a marriage.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Interlocutory judgment reversed on the law and facts, without costs of this appeal to either party, and a new trial granted, upon the ground that the evidence does not support a finding that the defendant had a wife by a former marriage living at the time he entered into the marriage alleged in the complaint. Upon making proper proof the plaintiff would be entitled to a judgment declaring the marriage null and void. Finding of fact No. 5 reversed. All concur, Harris, J., in result. (The interlocutory judgment grants an annulment of a marriage.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Milliren v. Milliren, 264 A.D. 833, 35 N.Y.S.2d 371, 1942 N.Y. App. Div. LEXIS 4907 (N.Y. Ct. App. 1942).

Pincite

264 A.D. 833 (Milliren v. Milliren) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.