Appellate Division of the Supreme Court of New York, 1913

Fox v. Fox

Fox v. Fox
Appellate Division of the Supreme Court of New York · Decided November 15, 1913
159 A.D. 917; 144 N.Y.S. 1116
Fox v. Fox

Opinion of the Court

There is no allegation in the complaint that the disease of epilepsy has any effect upon the ability of the person suffering therefrom to discharge every obligation of the marital relation, or that his progeny, if any, will be in any wise affected thereby. Interlocutory judgment reversed, and demurrer sustained, with leave to plaintiff to serve an amended complaint within twenty days, without costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

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