Chertkow v. Feinstein

Chertkow v. Feinstein Collection Supreme Court Judgments Date 1929-10-03 Report [1930] SCR 335 Judges Duff, Lyman Poore; Newcombe, Edmund Leslie; Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert On appeal from Alberta Subjects Family law Decision Content Supreme Court of Canada Chertkow v. Feinstein, [1930] S.C.R. 335 Date: 1929-10-03 Chertkow; v. Feinstein 1929: October 3. Present:—Duff, Newcombe, Rinfret, Lamont and Smith JJ. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA Marriage—Annulment—Capacity to contract—Alleged unsound mind at date of marriage—Evidence—Sufficiency APPEAL by the plaintiff from the decision of the Appellate Division of the Supreme Court of Alberta[1], reversing the judgment of the trial judge, Ives J.[2], and dismissing the appellant's action in annulment of marriage. The issue to be determined in the case was whether the respondent at the time of the marriage was of sound mind so as to be able to enter into the contract of matrimony. At the conclusion of the argument of counsel for the appellant, and without calling on counsel for the respondent, the court orally delivered judgment dismissing the appeal with costs. Appeal dismissed with costs. [1] (1929) 24 Alta. L.R. 188; [1929] 2 W.W.R. 257. [2] [1929] 1 W.W.R. 467. …