Heusner v. Heusner

In an action for a separation brought by a wife against her husband upon the grounds of cruel and inhuman treatment, abandonment and nonsupport, the defendant has interposed a counterclaim wherein he seeks an annulment upon the ground that the plaintiff at the time of her marriage to him had another husband living, and from whom she has not been legally divorced.

Under the proof offered at the trial the plaintiff would be entitled to a judgment of separation were it not for the question of her marital status, for “ in every action for separation the primary fact to be proved is an existing…