POWELL v. POWELL


282 A.D. 99 (1953)

Lois E. Powell, Appellant, v. Ira G. Powell, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 27, 1953.


Attorney(s) appearing for the Case

Gervase Rhoney for appellant.

John F. McNulty for respondent.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.


PIPER, J.

This is an action for a judgment declaring that a ceremonial marriage between the parties on July 3, 1939, at Alexandria, Virginia, was void on the ground that defendant at that time had a wife living. The facts as shown by the pleadings are as follows:

The defendant had married one Helen Elizabeth Powell on or about October 8, 1913. On October 5, 1938, Helen Elizabeth Powell commenced an action...

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