New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-16
TSSrE OF A BIGAMOTS MARRIAGE.
POINT OF LAW AS TO THE FATHERS REsPON-
sIBI1LrY FOR THEIR MAINTENANCE

POINT OF Law AS To TIE FATHERS REsPOS-
sIBILIrY FOR THEIR MAINTENANCE
Augustus Park who owns considerable real and
personal property al Port Chester where Ae lives.
applied TO Justice Pryor In the Supreme Court.
Yesterday. FOR the vacation OF order made by
Justice Kellogg in March last. under which he
was to pay Mrs Margaret Park who had secured
a decree annulling her marriage him. 1880 a
year for the support OF their children.
The application the first o. the kind made
TO the Supreme Court and involved the question
70 whether a who commits bigamy can
be compelled by the Court make provision for
the children OF his second marriage.
Park married his first wife on July g. 1855. They
had six children. all Of whom are living The cid
est son is now thirty-two years old while the
youngest has just passed her nineteenth year.
Park end the first Mrs. Park separated many years
ago.
on December 1e. 1855 Park married the second
Nh, Park IN this city. She had been in the employ
OF his family their home At Port Chester There
are two children Of this marriage Joseph seven
years old. and Augustus i've
Park In 1895 abandoned his second wife. ard
she had him arrested and taken before police
magistrate In order 10 compel him 70 support hcr
and her children. In order 20 defeat her applica-
ton Park produced in court his first wife. and. on
the ground that the second wife not his legal
wife got her dismissed
The first Mrs. Park at once brought a SUIT FOR
an absolute divorce on the ground OF her hus
bands intimacy with the second Mrs Park. The
suit was tried a. White Plains in September. 1894
and resulted In a decree in favor Of the plaintiff
who was allowed rensrry the defendant II she
chose. She got the custody OF her minor children
but the alimony TO be paid her not fixed by
the Court The chief witness in the suit was the
second Mrs Park who testified 70 her connec-
tons with Park and her marriage 70 him.
The second Mrs Park then brought SUIT for
- her to
that her husband had another Iesai VII nVlhs
when he married her. she asked the Court 10
allow her 81 300 for the maintenance and education
OF her TWO children.
Justice Kellogg granted the DISSOLUTION OF ne
but said that he thought there would be consider
able difficulty IN enforcing pay ment Of TINS sum
that the award made By Justice Kellogg was IL
legal as the children Of the second wife. though
lestimatized by nis decree not IN The eyes q
- ., the children OF the defendant. and he
could not be compelled 10 make an allowance 1or
them by virtue OF a decree annull.ng his marriage
pa - held that as the decree @GitimatiZed the chill
dren Justice Kellogg was Within Ills night ~ al
Parss Iswver said that the service OF the sum
mons and complaint In this action was by publca,,
Itself put the matter out Of the jurisdiction OF the
Justice who tried the SUIT =,
Justice Pryor said the question was very N
teresting one. and had never arisen before. re-
declared that while no other state IN the mon
could make good service Of Il summons ana com
plant by publication It was always heId MAJ ne
courts OF Network could do so. He knew OF no
suit for the annumeni OF a mhrriasr "neis I'm
puade or where il waA asked for II would
be held that the children OF me second OF Disafh
marriage were not me cnq,e ss Sari 70 e
how she could enforce snch "a pion.s,on M ''''''
made in the decree annullins ne insrTlage s,,o,
Alter some further argument Justice Pryor asked
oh,rse on both sides 10 submit briefs 10 him on
the legal points ihNoNe"