Conflicts Keyed to Currie
Rosenstiel v. Rosenstiel
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Husband (Plaintiff), a resident of New York, sought to annul the marriage to his wife (Defendant), also a New York resident. Wife (Defendant) was first married to Kaufman. Kaufman, a resident of New York, obtained a Mexican divorce from wife (Defendant) in 1954. He spent one day in Juarez, where he signed the municipal register, the official book of city residents, and petitioned for divorce in the court there. Wife (Defendant) appeared through her attorney, and she admitted Kauman’s allegations of ill treatment. The divorce was granted the same day and is recognized as valid by the Republic of Mexico. Husband (Plaintiff) argued that the Mexican divorce was invalid and that, therefore, wife (Defendant) was incompetent to contract the marriage in 1956. The trial court annulled the marriage. The Appellate division reversed and dismissed the complaint. Husband (Plaintiff) appealed.
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