Whitney v. Whitney

This is an action by Mary Moye Whitney to recover damages from the defendant, E. W. Whitney, for fraudulently inducing her to enter into. a common-law marriage relationship at a time when the defendant had a living undivorced wife. After the issues were made up, the trial court sustained the defendant’s motion for judgment on the pleadings and entered judgment accordingly, and from that judgment this appeal was prosecuted.

In her petition, the plaintiff alleged that she and the defendant'entered into the marriage contract in 1928 and resided together as husband and wife until July, 1941, and…