Thornton v. Rumph

Appellate Division of the Supreme Court of New York

Thornton v. Rumph

9 A.D.2d 910, 194 N.Y.S.2d 1020, 1959 N.Y. App. Div. LEXIS 5590

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

DecidedDecember 14, 1959

StatusPublished

This text of 9 A.D.2d 910 (Thornton v. Rumph) 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

Thornton v. Rumph, 9 A.D.2d 910, 194 N.Y.S.2d 1020, 1959 N.Y. App. Div. LEXIS 5590 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to annul a marriage, in which no answer was served or filed, the appeal is (1) from a judgment dismissing the complaint, on the merits, entered on an inquest taken before an Oficial [911]*911Referee to whom the action had been referred to hear and determine, and (2) from “ the conclusions of law dismissing the complaint ”. The action was based on fraud, in that respondent falsely represented that she would consent to a religious ceremony and that she would have children with appellant. Judgment reversed, without costs, and matter remitted to the Special Term for a new trial. The formal findings of fact made by the learned Official Referee in favor of appellant are inconsistent With the conclusions of law. Appeal from “the conclusions of law dismissing the complaint” dismissed, without costs. No appeal lies from conclusions of law. Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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In an action to annul a marriage, in which no answer was served or filed, the appeal is (1) from a judgment dismissing the complaint, on the merits, entered on an inquest taken before an Oficial [911]*911Referee to whom the action had been referred to hear and determine, and (2) from “ the conclusions of law dismissing the complaint ”. The action was based on fraud, in that respondent falsely represented that she would consent to a religious ceremony and that she would have children with appellant. Judgment reversed, without costs, and matter remitted to the Special Term for a new trial. The formal findings of fact made by the learned Official Referee in favor of appellant are inconsistent With the conclusions of law. Appeal from “the conclusions of law dismissing the complaint” dismissed, without costs. No appeal lies from conclusions of law. Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

9 A.D.2d 910, 194 N.Y.S.2d 1020, 1959 N.Y. App. Div. LEXIS 5590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-rumph-nyappdiv-1959.