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Fox v. Fox

144 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1913-11-14 English

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p. 1116
FOX, Respondent, v. FOX, Appellant.
(Supreme Court, Appellate Division, Second Department.
November 14, 1913.)

Headnote

Action by Hazel Frances Fox against David Fox.

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 20 days, without costs.