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SMITH v. HRZICH

1 N.J. 1 (1948)

61 A.2d 497

CHARLOTTE SMITH OR OTHERWISE CHARLOTTE HRZICH, PETITIONER-APPELLANT, v. THOMAS HRZICH AND HOBOKEN BANK FOR SAVINGS, A CORP., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 11, 1948.

Attorney(s) appearing for the Case

Mr. Anthony P. LaPorta argued the cause for the petitioner-appellant.

No appearance for the defendants-respondents.

The opinion of the court was delivered by WACHENFELD, J.

The appellant, Charlotte Smith, seeks to annul her purported marriage to Thomas Hrzich in 1942 upon the ground that there was a common law marriage then existing and at the time undissolved.

In October 1925 she began living with Henry Heitzman and according to her petition she was "lawfully married by a form of common law marriage." She adopted and used his name and lived with him for sixteen years and...

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