Wilson v. Wilson

Ex parte application for a declaratory judgment in an action brought pursuant to section 1132 of the Civil Practice Act to declare plaintiff’s marriage void, it being alleged that the defendant was at the time of entering into said marriage then lawfully wedded and that such prior marriage was in full force and effect. The defendant was duly served but has defaulted in appearance and answer and is now in default.

The relief sought by plaintiff cannot be granted; formal proof must be made of the allegations of the complaint; in a formal action to annul a marriage it is expressly provided that…