From Casetext: Smarter Legal Research

Romps v. Romps

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1924
209 App. Div. 832 (N.Y. App. Div. 1924)

Opinion

May, 1924.


Interlocutory judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. Finding of fact V, and so much of VI as finds that Rocco Tirello, defendant's husband, is alive, and that the marriage between defendant and said Rocco Tirello is still in force and effect, and conclusions of law I to III, inclusive, reversed on the ground that they are against the weight of the evidence. The burden was upon plaintiff to establish that defendant's first husband was alive at the time of her marriage to plaintiff, and he cannot rely upon the presumption of life as against the presumption of innocence and validity of the marriage which he seeks to annul. ( Palmer v. Palmer, 162 N.Y. 130; Matter of Meehan, 150 App. Div. 681; Smith v. Smith, 112 Misc. Rep. 371.) Kelly, P.J., Rich, Manning, Kelby and Kapper, JJ., concur. Settle order on notice.


Summaries of

Romps v. Romps

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1924
209 App. Div. 832 (N.Y. App. Div. 1924)
Case details for

Romps v. Romps

Case Details

Full title:WILLIAM ROMPS, Respondent, v. MARGARET ROMPS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1924

Citations

209 App. Div. 832 (N.Y. App. Div. 1924)

Citing Cases

Ventura v. Ventura

The latter presumption is not overcome by mere proof of the prior marriage inasmuch as the inference of the…

Matter of Sciscenti

That is not sufficient. If her former husband was dead on December 3, 1932, her marriage with the decedent…