From Casetext: Smarter Legal Research

Shea v. Shea

Court of Appeals of the State of New York
Jul 19, 1945
63 N.E.2d 113 (N.Y. 1945)

Summary

In Shea a divided Appellate Division reversed the trial court and found that a common law marriage, although valid in the State where it took place, should not be recognized in New York relying on Domestic Relations Law § 11, which was amended in 1933 to require solemnization for validity (268 A.D. 677, 680).

Summary of this case from Langan v. St. Vincent's Hospital

Opinion

Argued June 11, 1945

Decided July 19, 1945

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

Otto C. Sommerich, Elvin N. Edwards and John J. Delaney for appellant.

Frederick Evan Crane and Thomas E. Shea for respondents.


Judgments reversed and a new trial granted, with costs to the appellant to abide the event upon the grounds stated in the opinion of Mr. Justice JOHNSTON in the Appellate Division; no opinion.

Concur: LEWIS, CONWAY, THACHER and DYE, JJ. LEHMAN, Ch. J., LOUGHRAN and DESMOND, JJ., dissent and vote to affirm upon the grounds (1) that section 11 of the Domestic Relations Law makes invalid in New York State any such marriage between residents of this State as found by the courts below to have taken place between these parties outside this State; and (2) that on this record no common-law marriage between these parties was proven to have taken place anywhere.


Summaries of

Shea v. Shea

Court of Appeals of the State of New York
Jul 19, 1945
63 N.E.2d 113 (N.Y. 1945)

In Shea a divided Appellate Division reversed the trial court and found that a common law marriage, although valid in the State where it took place, should not be recognized in New York relying on Domestic Relations Law § 11, which was amended in 1933 to require solemnization for validity (268 A.D. 677, 680).

Summary of this case from Langan v. St. Vincent's Hospital

In Shea v. Shea (294 N.Y. 909) our Court of Appeals held that section 11 Dom. Rel. of the Domestic Relations Law does not make invalid in New York State a common-law marriage entered into by residents of that State in another State where such a marriage is valid.

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

Shea v. Shea

Case Details

Full title:OLGA SHEA, Appellant, v. MARTIN F. SHEA et al., as Executors of WILLIAM J…

Court:Court of Appeals of the State of New York

Date published: Jul 19, 1945

Citations

63 N.E.2d 113 (N.Y. 1945)
63 N.E.2d 113

Citing Cases

Godfrey v. Spano

Andrew M. Cuomo, Attorney General, New York City ( Sasha Samberg-Champion, Barbara D. Underwood and Benjamin…

Langan v. St. Vincent's Hospital

The laws regarding recognition of sister state marriages, such as a common law marriage, provide a legal…