Summary
In Herron v. Herron, 28 Misc. 323, the wife sought to avoid the marriage on the ground of her not having arrived at the age of legal consent, Justice Dunwell denied her application for alimony, citing Meo v. Meo, and saying that a review of the cases in that case showed that the weight of authority was against the application.
Summary of this case from Gore v. GoreOpinion
July, 1899.
James O. Sebring, for motion.
Willard S. Reed, opposed.
Motion for alimony and counsel fee, in action by wife, on ground of nullity, it being alleged that the marriage took place before she arrived at the legal age of consent.
Although the Code of Civil Procedure does not provide for alimony or counsel fee in actions to dissolve marriage for nullity, it is, nevertheless, held in numerous cases that the Supreme Court has jurisdiction of the subject, as successor to the Court of Chancery. Fiero on Special Actions, vol. 2, p. 959, and cases cited.
But in Meo v. Meo, 22 Abb. N.C. 58, Judge O'Brien, on a review of the cases, shows that in an action brought by the wife, alleging nullity, the weight of authority is against granting such allowances.
The motion must be denied, but without costs.
Motion denied, without costs.