In Re Marriage of Sumners

HOGAN, Judge.

This is an action to dissolve a marriage. By amended answer filed with leave of court, defendant Jerry Lee Sumners challenged the jurisdiction of the court over the subject matter of the action. The trial court heard and determined the matter as provided by Rule 55.27(c). It concluded the parties’ marriage was void and dismissed the action. Plaintiff appeals.

The defendant has been married four times. He married Alma, his first wife, by whom he has two children, in Kansas in September 1955. Defendant and Alma were divorced on December 30, 1957, but were remarried in Oklahoma the…