McKibbin v. McKibbin

CHIPMAN, C.

Plaintiff brings the action for divorce on the ground of extreme cruelty, and had the judgment, from which and from the order denying his motion for a new trial defendant appeals. There is no brief on file for respondent.

1. At the close of plaintiff’s evidence, defendant moved for a nonsuit, which being denied, he now urges the ruling as error.

It appeared from plaintiff’s testimony that, prior to her marriage with defendant, she had been lawfully married to one Hiram P. Lake, and that at the time of her marriage to defendant Lake was still living. It is urged that plaintiff was…