CIMINO v. ROSELLI


16 N.J. Super. 138 (1951)

84 A.2d 34

CHARLES CIMINO, PLAINTIFF, v. ELIZABETH ROSELLI, ALSO KNOWN AS ELIZABETH CIMINO, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 23, 1951.


Attorney(s) appearing for the Case

Mr. Wilbur L. Ross (Mr. Frank W. Heilenday appearing), attorney for plaintiff.

Messrs. De Fazio, Davidson & De Fazio (Mr. Charles De Fazio, Jr., appearing), attorneys for defendant.


PINDAR, A.M.

In this matter a plaintiff husband seeks a judgment of nullity on two grounds: (1) statutory incapability, directed to a lack of mental capacity; and (2) for fraud under this court's general jurisdictional authority, in that, before marriage defendant failed to disclose her pre-existing mental condition. By her answer defendant denies both causes and counterclaims for a judgment of separate maintenance. No children were born of the marriage.

Upon...

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