Appellate Division of the Supreme Court of New York, 1942

Milliren v. Milliren

Milliren v. Milliren
Appellate Division of the Supreme Court of New York · Decided May 22, 1942
264 A.D. 833; 35 N.Y.S.2d 371; 1942 N.Y. App. Div. LEXIS 4907
Milliren v. Milliren

Opinion of the Court

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.

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