Gress v. Gress

CODY, Justice.

This suit was brought under R.C.S. Art. 4628 by appellant on May 19, 1947, against, appellee to annul the marriage relation that was contracted by them on December 13, 1946. The impediment urged by appellant as rendering the marriage contract void, within the meaning of aforesaid statute, was the disability imposed on appellee by R.C.S. Art. 4640, to contract a new mer-riage within twelve months after April 1, 1946, the date she was decreed a divorce from her former husband on the grounds of cruelty.

Appellant’s petition, so far as deemed material to present the material issues,…