McDonald v. McDonald

In an action by the wife for separate maintenance, the husband filed a cross-complaint for an annulment of the marriage upon the ground that at the time of the marriage the defendant and cross-complainant was a minor, eighteen years of age, and, therefore, under the legal age of consent. The trial court sustained the wife’s demurrer to the cross-complaint, without leave to amend. From the judgment entered in favor of the plaintiff wife, the defendant husband appeals.

The parties married in the state of Nevada, the husband being at that time but eighteen years of age and the wife but sixteen…