New York Court of Appeals

Jessie M. Jones, Otherwise Known as Jessie M. Brinsmade, Respondent v. Charles L. Brinsmade, Appellant

December 5, 1905183 N.Y. 258

Summary

The New York Court of Appeals reversed the lower courts, holding that the Supreme Court lacks authority to award alimony pendente lite and counsel fees in a wife‑initiated action to annul a marriage on the ground of the husband's lunacy, and that a wife who seeks a decree of nullity cannot claim the rights of a wife under a valid marriage until such decree is entered. Justice O'BRIEN, concurring, agreed with the majority.