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Heller v. Heller

Court of Appeals of the State of New York
Feb 27, 1941
33 N.E.2d 247 (N.Y. 1941)

Summary

In Heller v. Heller (285 N.Y. 572) the plaintiff sued to annul his marriage to the defendant on the ground that the wife's divorce from her first husband in Nevada was void.

Summary of this case from Villafana v. Villafana

Opinion

Argued January 13, 1941

Decided February 27, 1941

Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.

Frederick E. Klein, Herman Silver and Arthur Stoll for appellant.

Benjamin Bag and Joseph Halpern for respondent.


Judgment affirmed, with costs. Without deciding whether the plaintiff is estopped from prosecuting the action for annulment, we hold that the validity of the decree of divorce granted in the State of Nevada will be recognized in this State under the rule of comity. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.


Summaries of

Heller v. Heller

Court of Appeals of the State of New York
Feb 27, 1941
33 N.E.2d 247 (N.Y. 1941)

In Heller v. Heller (285 N.Y. 572) the plaintiff sued to annul his marriage to the defendant on the ground that the wife's divorce from her first husband in Nevada was void.

Summary of this case from Villafana v. Villafana
Case details for

Heller v. Heller

Case Details

Full title:ISIDOR HELLER, Appellant, v. HENRIETTA HELLER, Respondent

Court:Court of Appeals of the State of New York

Date published: Feb 27, 1941

Citations

33 N.E.2d 247 (N.Y. 1941)
33 N.E.2d 247

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