Mackey v. Mackey

Duckworth, Justice.

Counsel for,the plaintiff in error concedes in his brief that, although it is alleged that the wife was pregnant before the petitioner entered into a marriage ceremony with her, he would not be entitled to a decree of divorce or annulment on that ground, since her condition was made known to him at the time. It is recognized that.the action is maintainable, if at all, only because of the alleged force and duress which are specifically made grounds of divorce by the Code, § 30-102 (4). It is argued, however, that, though admittedly an annulment would have the effect of…