Powell v. Powell

This is an action for a judgment declaring that a ceremonial marriage between the parties on July 3, 1939, at Alexandria, Virginia, was void on the ground that defendant at that time had a wife living. The facts as shown by the pleadings are as follows:

The defendant had married one Helen Elizabeth Powell on or about October 8, 1913. On October 5, 1938, Helen Elizabeth Powell commenced an action for divorce against the defendant in Supreme Court, Niagara County, by service of a summons and complaint. An answer was filed, but later withdrawn. Proofs *101were taken at Special Term, Erie County, on…