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Fox v. Fox

159 A.D. 917 Court N.Y. App. Div. English

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p. 917
Hazel Frances Fox, Respondent, v. David Fox, Appellant.

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.