Court of Appeals Papers on Appeal

Court of Appeals Papers on Appeal

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...another, then Emma would fail in any attempt, upon the facts shown here, to have Arthur adjudged her husband rather than the husband of the other woman. Such is the law of this State, as shown by the following authorities, which must be overruled if the learned Appellate Division is sustained: Harbeck vs. Harbeck, 18 Wk. Dig. 525 (Affd. 102 X. Y. 714), suj, ra. Stanley vs. Stanley, 4 Demarest, 410. Collins vs. Collins, 80 X. V. 10. The Stanley case was a contest for letters of administration between the alleged common law wife and the wife whom Stanley subseqenntly married ceremonially, and the decree went in favor of the latter, although Surrogate Rollins said: "That Stanley's cohabitation with the respondent (the one claiming by the common law) was ostensibly matrimonial, both before and after the respondent's divorce from Tombs, I have no doubt. She passed as his wife at the various places where they resided, and that, too, with his knowledge and approval; and he is shown to have introduced her as such To divers persons who were examined before the referee. Indeed, in October, 1841), he himself swore, in the Tombs divorce proceeding, that during the three years then last past this respondent had lived and cohabitated with him as his wife, and that, as the fruits of that intercourse, she had borne two children, of whom one was then two months old and the other the age of two years." The Collins cast' reversed the order of the (ieneral Term, which affirmed a Special Term order allowing alimony to an alleged common law wife, who had brought nil action for divorce, the Court saving: "She is a competent witness to prove the fact of marriage, and if any new marriage contract was entered into between her and the defendant, after the death more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 1236832922
  • 9781236832924