10 How. Pr. 66 | N.Y. Sup. Ct. | 1854
The alleged wife, as well as the pretended husband, is made defendant. . Since the service of the summons the latter, it appears, has departed for Europe, leaving the complaint to be taken as confessed against him; and the former, on the reference, has, without objection, been examined as a witness to establish the case against both. Her statement—which is confirmed by other witnesses—shows that in November, 1852, after a few days’ acquaintance, Kane, who is a widower of fifty, induced her, with another young lady, to go to the opera, and afterward, at a saloon in the neighborhood, instead of water, which she asked for, prevailed on her to take
The whole proceeding reflects nothing but disgrace upon the full-grown men engaged in it; and to allow the plot to be successful would be a reproach to the law.
I unhesitatingly agree with the referee, judge Ulshceffer, that the marriage, such as it was, comes fully within the meaning of the statute, and that u the consent of one of the parties (if any was given) was obtained by force or fraud.” (2 R. S. 142.)
A sentence of nullity must, therefore, be entered.