Rooney v. Rooney

Pitney, V. C.

The object of this suit is to procure a judicial declaration by this court that a contract and ceremony of marriage entered into between the parties was a nullity by reason of the prior hymeneal contract of the complainant with another woman, who was his living and lawful wife at the time of the later contract.

The bill alleges complainant’s marriage with one Mary Tole, in Richmond, Virginia, May 18th, 1862, and again with the defendant, Helen E. Barry, on July 14th, 1894, at which time Mary Tole was living. The bill was filed December 4th, 1894.

The answer puts complainant upon…