New York Court of Appeals

Berenice L. Baumann, Respondent v. Charles L. Baumann, Appellants

March 19, 1929250 N.Y. 382

Summary

The Court affirmed the declaratory judgment that Berenice L. Baumann is the lawful wife of Charles L. Baumann and that the alleged Mexican divorce and Connecticut marriage are void, but it struck the injunctive provisions, holding that equity lacks jurisdiction to grant an injunction where only injury to feelings is alleged. The Court reasoned that no legal wrong or protectable property right was threatened by the defendants' conduct. Two dissenting opinions argued that the plaintiff has an exclusive property right in her marital name and that equity may enforce such a right.