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Cases cited for the legal proposition you have searched for.

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1

...were related as uncle and niece they could not validly marry in New York because New York law (Domestic Relations Law, § 5, subd. 3 (McKinney's, 1964), provides that marriages contracted between...uncle and niece are incestuous and void. Petitioner and beneficiary contracted a marriage in the State of Georgia where marriages between uncle and niece are valid (Ga. Code Ann. § 53-105...). (2) While New York law declares marriages between uncle and niece to be incestuous and void if solemnized within New York, the New York statute does not expressly regulate a marriage solemnized...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Aug 23, 1976 Cited By: 0
2

...between grandparent and grandchild, parent and child, brother and sister of the half or whole blood. Section 3352 defines the crime to be such intercourse between uncle and niece, nephew and aunt. For...obvious reasons, nothing is said of the half or whole blood. The relation of uncle and niece must of necessity be of the half blood, as in all other relations of consanguinity, other than those.... 190, and Shelby v. State, 95 Tenn. 152; S. v. Wyman, 59 Vt. 527. We think that defendant and his niece, the daughter of the half sister, are clearly...


Court: Supreme Court of North Carolina
Date: Dec 1, 1908 Cited By: 7
3

...information charged the respondent with having had sexual intercourse on or about April 24, 1925, with E---- L----; that they were uncle and niece of the whole blood and did know of this relationship. The...incest is turpitudinous where the parties to the crime were uncle and niece of the whole blood. In the Matter of S---- D----, 56091/473 (Aug. 12, 1943) it was concluded, without lengthy...inherently immoral. The doing of the act itself and not its prohibition by statute fixes the moral turpitude." The offense in question prohibits sexual intercourse between uncle and niece. Since such...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Jun 10, 1946 Cited By: 1 Coram: 1
4

.... 3) of the Domestic Relations Law. This provides that a marriage between "An uncle and niece" is incestuous and void. It does not expressly...include an uncle and niece by the half blood. This omission would not ordinarily be troublesome since it would be assumed that the term would include relationship by the half...blood" in relation to uncle and niece; and that this was a probable reason the Legislature did not use the term dealing with this type of marriage. Still the term is one of common...


Court: Court of Appeals of the State of New York.
Date: Feb 19, 1970 Cited By: 4 Coram: 2
5

...conclusion that `half-uncle' and `half-niece' are not included in the language. The words `of the half as well as the whole blood' clearly apply to the words `brothers and sisters'; they clearly do not...legislature is to be interpreted according to its common meaning; and, when the terms `uncle' and `niece' are viewed in that light, they will..., whether of the whole or of the half blood, whether legitimate or illegitimate, and also between the uncle and the niece, the aunt and the nephew." On appeal the same contention as that urged by defendant...


Court: Court of Appeal of California, Second District, Division Two.
Date: Jan 14, 1959 Cited By: 5 Coram: 1
6

... Marriage — Between uncle and niece — Lawful for immigration purposes in some instances — Voidable, not void, in Pennsylvania.... (1) Marriage of uncle and niece valid under the law of Czechoslovakia where ceremony was performed and not subject to criminal sanctions under the law of Pennsylvania where the parties cohabit is...held lawful for immigration purposes. (2) Under Pennsylvania Marriage Law of 1953, marriages between uncle and niece, although within prohibited degree of consanguinity, are...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Jan 20, 1960 Cited By: 1 Coram: 1
7

...statute law declares incestuous and void a marriage between uncle and niece. (Domestic Relations Law, § 5, subd. 3.) The question thus...the marriage of an uncle and a niece, excluding, however, those instances — of which the present case is one — where the marriage solemnized is between persons of the Jewish faith within the...New York where the degree of consanguinity of uncle and niece is not so close as to be repugnant to our concept of natural law, and that the statute (Domestic...


Court: Court of Appeals of the State of New York.
Date: Jul 14, 1953 Cited By: 45 Coram: 2
8

...particularly make such marriages abhorrent. It was not as though they had earlier had those close and continuous family contacts which are usual between uncle and niece. Francioso had lived in Italy until he...the highest degree improbable that in that short time there should have arisen between them the familial intimacy common between uncle and niece, which is properly thought to be inimical to marriage...allowed by their religion is lawful. Moreover, the Attorney General of New York has ruled that an uncle and niece, lawfully married in another...


Court: Circuit Court of Appeals, Second Circuit.
Date: Nov 5, 1947 Cited By: 32 Coram: 2
9

... Marriage — Between uncle and niece — Void in Pennsylvania although valid in Italy where performed. Alien spouse not eligible for...) Under the law of Pennsylvania, marriage between uncle and niece, regardless of where performed and consummated, is void and the parties thereto are liable to criminal prosecution for incest if they...under section 101 (a) (27 (A) of the Immigration and Nationality Act, must be denied. (2) The child of a marriage between uncle and niece valid in Italy where the child resides is...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Oct 14, 1954 Cited By: 1 Coram: 1
10

...that their marriage is against the strong public policy of the domicil. Section 53-223 makes it a crime for uncle and niece either to marry or carnally know each other. The fact that it has been a...crime for so long, that the penalty is relatively severe, and that marriages between uncle and niece have been interdicted and declared void continuously since 1702 clearly reflects the strong public...this state. Another statute, 46-1, prohibits a marriage between uncle and niece and makes it void. By reason of 46-1, an uncle and his niece lack the legal capacity to intermarry which 46-6 makes a...


Court: Supreme Court of Connecticut
Date: Apr 20, 1961 Cited By: 17 Coram: 2
11

...relationship of uncle and niece existed between the defendant and plaintiff within the purview of subdivision 3 of section 2 of the former Domestic Relations Law (Gen. Laws, chap. 48 [Laws of 1896, chap. 272...], § 2; now Dom. Rel. Law [Consol. Laws, chap. 14; Laws of 1909, chap. 19], § 5), which so far as here material declares that a marriage is incestuous and void between "an uncle and niece or an aunt...half blood, the subdivision should be construed as prohibiting only marriages between an uncle and a niece or an aunt and a nephew of the whole blood, for the reason that the preceding subdivision 2...


Court: Appellate Division of the Supreme Court of New York, First Department.
Date: Apr 8, 1921 Cited By: 4 Coram: 1
12

...and a niece” also reaches “any marriage in which a parent of the niece is a half-sibling of the uncle.” Admin. Rec. at 66 (citing Audley v. Audley, 196 A.D. 103, 187...and Truong's sister's immigration documents indicating that Nguyen's grandmother was also Truong's mother, was sufficient to show that Nguyen and Truong were related as half-niece and half-uncle. The...BIA also affirmed the IJ's conclusion that “a marriage between a niece and a half-uncle is invalid under New York law.” Admin. Rec. at 4...


Court: United States Court of Appeals, Second Circuit.
Date: Feb 19, 2014 Cited By: 13 Coram: 1
13

...does not proscribe intercourse between a step-uncle and step-niece, the habeas court ruled that Simpson's plea to incest was void. We disagree...in sexual intercourse with a person to whom he knows he is related either by blood or by marriage as follows: . . . (6) Uncle and niece." The.... Here, the indictment alleged that Simpson was the victim's uncle and that he had sexual intercourse with her. When Simpson pled guilty, he admitted these facts...


Court: Supreme Court of Georgia.
Date: Sep 27, 2004 Cited By: 7 Coram: 1
14

...marriage between uncle and niece was merely voidable, and could not be attacked after the death of one of the parties. The.... Marriage — Uncle and niece — Void ab initio — Probate — Common-law marriage — Proved, how. A...common-law marriage entered into in Ohio between an uncle and his niece is incestuous and void ab initio...


Court: Supreme Court of Ohio.
Date: Jul 18, 1979 Cited By: 3 Coram: 1
15

...the trial court erred by applying the presumption of legitimacy provided for in OCGA § 19-7-20 to find an uncle-niece relationship. He also claims that the evidence was insufficient because the state failed to prove the relationship of uncle and niece..., which includes the relationship of uncle and niece. The parties stipulated that the state would produce certain evidence at trial, including that Chestnut knew that S. C. was...between a male and his stepsister. In this case, however, Chestnut and S. C. were uncle and niece, and that relationship is specifically...


Court: Court of Appeals of Georgia.
Date: Oct 1, 2007 Cited By: 1 Coram: 1
16

...affirm. Clerk refused to issue the license based upon relators' relationship as uncle and niece. This relationship was created by the adoption of the female relator by the male...relator's brother. Clerk based her decision on the authority of § 451.020, RSMo 1986. The issue before us is whether the marriage of an uncle and niece related by adoption is prohibited by § 451.020...for the crime of incest, but provides that the relationship of uncle and niece must be "of the whole blood." The prohibition against the marriage of close relatives has long...


Court: Missouri Court of Appeals, Eastern District, Southern Division.
Date: Mar 29, 1988 Cited By: 0 Coram: 1
17

..., paragraph 3, of the Italian Civil Code provided that an uncle and niece may not contract marriage between themselves; but that the head of the State or the authorities to whom authority is...delegated, can grant dispensation in the case of a marriage between uncle and niece. Santi Bucca alleges that such dispensation was received and that the marriage was a legal and valid marriage under the...Jersey, they will be subject to prosecution on a charge of incest. A marriage between an uncle and niece, if performed in the State of New Jersey, is void. See R.S. 37:1-1...


Court: Superior Court of New Jersey, Chancery Division.
Date: Jan 10, 1957 Cited By: 5 Coram: 1
18

...petitioner and beneficiary, uncle and niece, respectively, is void under section 125.290 of the Nevada Revised Statutes because within the degree of consanguinity prohibited by section 122.020 of the...marriage of the parties, who are uncle and niece, is not valid under Nevada law and the petition was approved in error. The petitioner, a native of the Philippine Islands, a...are prohibited by law because of: (a) Consanguinity between the parties; * * *." The petitioner and the beneficiary in the instant case are uncle and niece, respectively. Their...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Apr 30, 1965 Cited By: 0
19

... Nonquota status — Petition for visa for wife of United States citizen — Validity of marriage entered into in Italy — Uncle and niece — Cohabitation...in State of Illinois intended. 1. For immigration purposes the marriage between an uncle and niece is considered lawful if valid where performed and if the State in...which they intend to reside does not regard their cohabitation therein as criminal (37 Op. A.G. 102, 1932). 2. Marriage in Italy between uncle and niece was prohibited under the...


Court: Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Date: Dec 29, 1948 Cited By: 1 Coram: 1
20

...uncle and half niece and whose marriage had been annulled, appealed from the trial court's denial of their motion to open the judgment. They claimed that because the statute ( 46b-21) concerning kindred...deemed lawful and valid. Held that the trial court did not err in denying the motion to open; a marriage of parties related to each other as half uncle and half niece is incestuous and therefore void...related," but "they [had only] recently discovered that they are uncle and niece." There were no issue of this marriage. In 1984, the...


Court: Supreme Court of Connecticut
Date: Feb 6, 1990 Cited By: 26 Coram: 1

Cases cited for the legal proposition you have searched for.

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