CAVE v. CAVE


285 A.D. 897 (1955)

Clairmonte A. Cave, Appellant, v. Jessie Cave, Formerly Known as Jessie Dorkins, and Formerly Known as Jessie Shiver, Respondent

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

February 21, 1955.


Judgment reversed on the law and the facts, without costs, counterclaims dismissed and annulment granted to plaintiff. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.

The record clearly shows that defendant had a husband by a prior, undissolved marriage at the time she married plaintiff. Therefore, the latter marriage was void (Domestic Relations Law, § 6), the counterclaims for separation and an allowance of...

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