Weise v. Hughes

• Decision Date: 22 December 1948
• Docket Number: No. A-33.,A-33.
• Citation: 62 A.2d 695,1 N.J.Super. 104
• Parties: ELMER E. WEISE, PLAINTIFF-APPELLANT, v. ANNA B. HUGHES, FALSELY NAMED ANNA B. WEISE, DEFENDANT-RESPONDENT
• Court: New Jersey Superior Court — Appellate Division

62 A.2d 695

WEISE

v.HUGHES.

No. A-33.

Superior Court of New Jersey, Appellate Division, Part B.

Dec. 22, 1948.

Appeal from Court of Chancery.

Suit to annul marriage by Elmer E. Weise against Anna B. Hughes, falsely named Anna B. Weise.From the decree, the plaintiff appeals.

Affirmed.

Before McGEEHAN, DONGES and COLIE, JJ.

Benjamin M. Ratner, of Newark, for appellant.

George R. Sommer, of Newark, for respondent.

COLIE, Judge.

Plaintiff instituted suit to annul his marriage to defendant.The moving papers set up that at the time of the marriage sought to be annulled, defendant had a lawful husband living, one William Hyman, and that her marriage to him was in full force and effect; that defendant obtained a Mexican divorce from Hyman which was a fraud upon the New Jersey court and upon plaintiff in that neither party was a bona fide resident of Mexico, nor submitted themselves to the jurisdiction of the Mexican court and further that the Mexican proceeding was grounded upon a cause not recognized by New Jersey as ground for annulment.

At final hearing plaintiff admitted that defendant had told him of her divorce but he said he did not know ‘what type of divorce she had.’Defendant testified that the divorce decree was shown him at her sister's house and that he read it.The application for a license to marry, made...