← Cases

Milliren v. Milliren

264 A.D. 833 Court N.Y. App. Div. Decision date 1942-05-22 English

Contents

Majority

p. 833
Gretchen L. Milliren, Appellant, v. William L. Milliren, Respondent.

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.