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Show Quotes Mosaic I Law to Annul Mairriage NtJW YORK, Fsb. i. On of the mottl unusual actions ever filed tar was disclosed dis-closed tn rough a decision In tha supreme court bjr Justlc I -yd on uphold ins; the complaint and directing a trial by a Jury of a suit by Jacob Frlemer against Mrs. Carolina Krlesnf-r to annual a marrtafre ceremony under the orthodox Jewish practice because his wife brought about the marriage by malting false statements. state-ments. The fraud alleged Is that the wife represented rep-resented fhat she had "observed, abided by. and gone through a certain Jewish orthodox religious practice which re- Suires a widow who has never had chil-ren, chil-ren, and who-te deceased husband has a brother surviving, to auk said brother of the deceased husband to marry her and that if said brother ta either unwilling or unable, tle required .ceremony im tor the widow to remove his shoe with a certain cer-tain ceremony. Justice Lydon said that the ceremony referred to Is no doubt that contained In the Hook of laeuteronomy. chapter 2t. sec Hon i fi to 10, reading aa foKows: "5. If brethren dwell together and one of them die and have no child the wife of the drad ahall not marry without unto a stranger; her husband's brother -hall go In unto her and take her to htm -to wife nad perform the duty of a husband's brother unto her. . And If shall he that tfca firnt born which she bfareth ettwtf sin i eeii trr the riame m Ms brother which Is dead, that his nsme be not put out of Isrsel. f. And If the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elrirs and cay. My husliand's brother broth-er refuseth to raise up unto his brother a name In Israel; he will not perform the duty of my huw band's brother. . Then the elders of his city shall call him and speak unto him, and If he stand to It and nay I like not to take her; .. Then shall his brother's wife come unfo him In th presence of the elders and loose his shoe from off his foot and spit In hi" face and shall answer and say, 80 shall It be done unto that man that wILj not build up bis brother's house. 10. And his name shall be called In Israel. The house of him that hath his shoe loosed." WERK NO CHILDREN. The complaint alleged further that the defendant falsely and fraudulently represented rep-resented that children were born to her as the result of her first marriage and that the children were living, which would not necessitate the religious ceremony cere-mony above set forth. The plaintiff said that he Is of the orthodox Jewish faith and that he would not have married the defendant had the facts been known to him because 'she Is in fact a widow who nver had children as a result of her prior marriage." When t he complaint was served on Mrs. Frlesner her attorney filed a demurrer contending that, although the allegations maiieln the I'UTttpTaTiit w-re iru, no cause of action for the annulment annul-ment of the marriage wan stated, and the case came before J net Ice Lydon on the husband's application to overrule the demurrer and compel hia wife to answer. Justtc T.ydon refers to the ruling by the appellate division In the case of Fisk vs. Flsk relating to the annulment of a marriage contract. In which tha court said: The contract of marriage Is something some-thing more than a mere civil agreement between the part lea, the existence of which affects only themselves. If Is the basis of the family, and Its dissolution, dissolu-tion, as well ss Us formation, is a matter of public policy In which the body of the community is deeply Interested, Inter-ested, and it Is to be governed by other considerations than those which obtain with regard to an ordinary civil contract; con-tract; see that the fraud which shall InvalirlAte the contract must be something more than a mere representation representa-tion as to collateral matters; that no. fraud will avoid a marriage wht h does not go to the very essence of the contract." JURY SHOULD DECIDE. Justice Lydon said that In the case before be-fore htm the plaintiff believes in the "principles and rituals af the orthodox faith of the Mosaic Ijlws," and the plaintiff "made particular Inquiry of th defendant to make certain that they would be married according to the laws of Moes and Israel." The court said ihat the question is "not without difficulty' dif-ficulty' and atldM: "I firmly believe thst upon a motion of this kind the court should not attempt 10 determine the weriousne of the fraud, or whether or not It Is sufficient to warrant war-rant the decreeing of an annulment- The conservation of justice requires that this question must necessarily be determined by means of a trlul, for only after hearing hear-ing wi:naes and the presentation of the cae in Its entirety can this fact best be Judged." |