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DACUNZO v. EDGYE

33 N.J. Super. 504 (1955)

111 A.2d 88

JOSEPH DACUNZO, PLAINTIFF-RESPONDENT, v. ELEANOR EDGYE, FALSELY CALLED ELEANOR DACUNZO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1955.

Attorney(s) appearing for the Case

Mr. Irving Siegler argued the cause for appellant (Messrs. Siegler & Siegler, attorneys; Mr. Harvey Schwartzberg, on the brief).

Mr. Leonard Estrin argued the cause for respondent (Mr. Frederick W. Athay, attorney; Mr. Estrin on the brief).

Before Judges GOLDMANN, FREUND and SCHETTINO.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiff sued for annulment on the ground that at the time of his ceremonial marriage to defendant she was married to another man who was then living and undivorced from her. Defendant counterclaimed for separate maintenance for herself and the two children of the marriage. Defendant appeals from a judgment granting annulment and dismissing her counterclaim.

The parties were ceremonially married...

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