Gibbons v. Gibbons

Judgment reversed upon the law, with costs, and the action remitted to the Special Term to take plaintiff’s proof of the allegations of her complaint. In our opinion, the marriage of these parties was not merely voidable, but absolutely void, and plaintiff was, therefore, entitled to have it annulled even though she had lived with the defendant for several years after first having.some information of the prior marriage. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.