Summary
In Shea a divided Appellate Division reversed the trial court and found that a common law marriage, although valid in the State where it took place, should not be recognized in New York relying on Domestic Relations Law § 11, which was amended in 1933 to require solemnization for validity (268 A.D. 677, 680).
Summary of this case from Langan v. St. Vincent's HospitalOpinion
Argued June 11, 1945
Decided July 19, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J.
Otto C. Sommerich, Elvin N. Edwards and John J. Delaney for appellant.
Frederick Evan Crane and Thomas E. Shea for respondents.
Judgments reversed and a new trial granted, with costs to the appellant to abide the event upon the grounds stated in the opinion of Mr. Justice JOHNSTON in the Appellate Division; no opinion.
Concur: LEWIS, CONWAY, THACHER and DYE, JJ. LEHMAN, Ch. J., LOUGHRAN and DESMOND, JJ., dissent and vote to affirm upon the grounds (1) that section 11 of the Domestic Relations Law makes invalid in New York State any such marriage between residents of this State as found by the courts below to have taken place between these parties outside this State; and (2) that on this record no common-law marriage between these parties was proven to have taken place anywhere.