Carr v. Carr

TAMM, Judge.

This is an action for the annulment of the marriage of plaintiff and defendant on the grounds of misnomer and failure of consummation. The evidence adduced at the trial of this cause shows that the infant plaintiff was born March 11, 1929, about two months after the death of her father. On July 4, 1931, plaintiff’s mother married a Mr. McCauley and from that time on the plaintiff always used the name of her stepfather, McCauley, as her own name, even using it in school, although no formal adoption proceedings had ever been instituted.

On March 16, 1948, plaintiff, u'sing the name…