Sims v. Sims
Mississippi Supreme Court
Appeal from chancery court of Lauderdale county. Hon. G. C. Tann, Chancellor. Suit by O. B. Sims against Mrs. Henrietta M. Sims to annul a marriage, or in the alternative, for a divorce. From an interlocutory decree awarding defendant alimony pendente lite, plaintiff appeals. The marriage between appellant and appellee was void absolutely and not merely voidable.
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Appeal from chancery court of Lauderdale county. Hon. G. C. Tann, Chancellor. Suit by O. B. Sims against Mrs. Henrietta M. Sims to annul a marriage, or in the alternative, for a divorce. From an interlocutory decree awarding defendant alimony pendente lite, plaintiff appeals. The marriage between appellant and appellee was void absolutely and not merely voidable. The relation existing between the appellant and the appellee after their attempted marriage in 1893 up until time of separation in 1918 was not a marital relation hut was a. meretricious relation, the marriage having been void from…
1Opinion of the Court
Smith, C-. J.,
delivered the opinion of the court.
This is a suit begun by the appellant, the husband,- for the purpose of having his marriage with the appellee declared void, or, if that cannot be done, for a divorce, *752and the appeal is from an interlocutory decree awarding the appellee, the wife, alimony pendente lite.
The bill of complaint alleges that the marriage of the appellant to the appellee is void for the reason that at the' time it was solemnized the appellee had a living husband. The appellee’s motion for alimony pendente lite was heard by the court below on the testimony of herself…
2Cases cited10 opinions
- Grigsby v. ReibTexas Supreme Court · 1913
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Travers v. ReinhardtSupreme Court of the United States · 1907
- Howard v. KellyMississippi Supreme Court · 1916
- Floyd v. CalvertMississippi Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Hess v. PettigrewMichigan Supreme Court · 1933
- United States Fid. & Guar. Co. v. SmithMississippi Supreme Court · 1951
- Jones v. LamensdorfMississippi Supreme Court · 1936
- Sykes v. SykesMississippi Supreme Court · 1932
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