Colbert v. Colbert

In an action for separate maintenance, Joseph W. Colbert was ordered to make certain payments pendente lite. Upon his appeal from that order, and also from a later one denying a motion to vacate it, the question for decision concerns the marital status of the parties.

The complaint of Ruth Colbert alleges that “she and defendant intermarried at Benton, Texas, May 3, 1940, and ever since have been and now are husband and wife.” Conduct characterized as extreme cruelty is pleaded as a cause of action. Upon the hearing of an order to show cause, Colbert was required to pay, pendente lite, stated…