Mussi v. Mussi

New York Supreme Court

Mussi v. Mussi

188 Misc. 872, 65 N.Y.S.2d 807, 1946 N.Y. Misc. LEXIS 2936

DecidedOctober 11, 1946

StatusPublished

This text of 188 Misc. 872 (Mussi v. Mussi) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mussi v. Mussi, 188 Misc. 872, 65 N.Y.S.2d 807, 1946 N.Y. Misc. LEXIS 2936 (N.Y. Super. Ct. 1946).

Pincite

Opinion

Hammeb, J.

Motion to bring in as parties defendant Enrico Mussi, individually, and Joseph A. Martinis, committee of the person and property of said Enrico Mussi, a veteran adjudged incompetent to manage himself and his affairs, is denied. Plaintiff, mother of the incompetent, individually and on her own behalf, seeks to annul the marriage of her son to the defendant on the ground that the defendant at the time of the marriage had a former husband living and the former marriage was then in force. Section 1134 of the Civil Practice Act provides that an action to annul a marriage upon such ground may be maintained by either of the parties during the lifetime of the other, or by the former husband or wife. Unlike sections 1136 and 1137 of the Civil Practice Act, which give a right to bring an action to a relative who has an interest to avoid the marriage of an idiot or lunatic, and unlike section 1139 of the Civil Practice Act, which gives to the-parent, or relative having an interest to avoid the marriage, or the guardian of the person a right to bring an action- to annul the marriage on the ground of force, duress or fraud, no right to bring this action is given to plaintiff by section 1134 of the Civil Practice Act.

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Hammeb, J.

Motion to bring in as parties defendant Enrico Mussi, individually, and Joseph A. Martinis, committee of the person and property of said Enrico Mussi, a veteran adjudged incompetent to manage himself and his affairs, is denied. Plaintiff, mother of the incompetent, individually and on her own behalf, seeks to annul the marriage of her son to the defendant on the ground that the defendant at the time of the marriage had a former husband living and the former marriage was then in force. Section 1134 of the Civil Practice Act provides that an action to annul a marriage upon such ground may be maintained by either of the parties during the lifetime of the other, or by the former husband or wife. Unlike sections 1136 and 1137 of the Civil Practice Act, which give a right to bring an action to a relative who has an interest to avoid the marriage of an idiot or lunatic, and unlike section 1139 of the Civil Practice Act, which gives to the-parent, or relative having an interest to avoid the marriage, or the guardian of the person a right to bring an action- to annul the marriage on the ground of force, duress or fraud, no right to bring this action is given to plaintiff by section 1134 of the Civil Practice Act.

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Bluebook (online)

188 Misc. 872, 65 N.Y.S.2d 807, 1946 N.Y. Misc. LEXIS 2936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mussi-v-mussi-nysupct-1946.