74 N.Y.S. 714 | N.Y. Sup. Ct. | 1902
This is a motion upon an order to show cause, returnable in Special Term, Part III, and referred by the justice then presiding to me for determination why the judgment herein, entered on the 10th of September, 1901, annulling a marriage, should not be vacated and set aside as being fraudulent, collusive, in violation of the statute and contrary to law. The affidavit upon which the order to show cause was granted was made by the mother of the defendant, a girl of nineteen, and while the affiant has no other standing in court than any other stranger to the action, yet the court in such proceedings may act-upon the suggestion of any amicus curice or even sua sponte. The General Term held in E. B. v. E. C. B., 28 Barb. 299, in a case similar
Motion granted, without costs.