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Matter of McCanliss v. Morschauser

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 692 (N.Y. App. Div. 1928)

Opinion

November, 1928.

Present — Lazansky, P.J., Young, Hagarty, Seeger and Carswell, JJ.


Motion for alternative writ of prohibition denied, without costs. The marital status and rights of the parents remain unchanged until a judgment has been entered annulling the marriage. ( Jones v. Brinsmade, 183 N.Y. 258; Matter of Moncrief, 235 id. 390.) Section 70 Dom. Rel. of the Domestic Relations Law provides that a husband or wife, living apart without being divorced, and being the parent of a minor child, may apply for the writ of habeas corpus issued in this proceeding.

As amd. by Laws of 1923, chap. 235. — [REP.


Summaries of

Matter of McCanliss v. Morschauser

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 692 (N.Y. App. Div. 1928)
Case details for

Matter of McCanliss v. Morschauser

Case Details

Full title:In the Matter of the Application of IRENE McCANLISS, Petitioner, for an…

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

Date published: Nov 1, 1928

Citations

225 App. Div. 692 (N.Y. App. Div. 1928)