Jenkins v. Jenkins

WOLFE, Chief Justice.

Action for divorce. The complaint sets forth the usual allegations including an allegation that the plaintiff was married to the defendant on July 13,1941. By way of answer and a pleading denominated a “cross-complaint” the defendant joined issue as to the ground for a divorce but admitted the marriage and alleged that the plaintiff and defendant were still man and wife.

At the trial it developed that the plaintiff at the time of the purported marriage to the defendant was married to another man from whom she had obtained only an interlocutory divorce decree. This decree…