State v. Scoggin

McGHEE, Justice.

Relator seeks a writ of prohibition to prevent the respondent in his official capacity from trying a suit filed by E. Lionel Pavlo against relator in the District Court of Dona Ana County, in which it is sought to annul a marriage contracted by the parties in such county.

The parties to the marriage were at the time it was contracted, and now are, nonresidents of New Mexico and have never resided in this state. It is claimed in the annulment suit that the relator was incapable of contracting marriage at the time the ceremony was performed in Dona Ana County because she was…