Honig v. Honig

In this separation suit the wife is met by the defense that her marriage to the defendant was not valid, the claim being that she has not yet obtained a valid divorce from her first husband and that her marriage to the defendant, after she obtained the foreign decree, was void so her action must fail; the defendant does not seek affirmative judgment but offers the facts as a defense.

The burden of proof being on the plaintiff to show that she and the defendant were validly married, she offered her marriage certificate; defendant then gave evidence of the suit she had brought in Nevada, prior…