Maxwell v. Maxwell

This is an uncontested matrimonial action brought by plaintiff husband to annul the marriage between the parties herein.

The pleadings and proof established that while the defendant was still married to another man, one Robert W. Bowen, the parties on October 27, 1944, applied for and were issued a marriage license and were married in Lincoln County, New Mexico, by a Justice of the Peace. Plaintiff testified at the trial that he had knowledge of the existence of his wife’s marriage at the aforesaid time and that a divorce was pending in Florida.

The defendant wife and her first husband were…