Smith v. Hrzich

The opinion of the court was delivered by

Wacheoteld, J.

The appellant, Charlotte Smith, seeks to annul her purported marriage to Thomas Hrzich in 1942 upon the ground that there was a common law marriage then existing and at the time undissolved.

In October 1925 she began living with Henry Heitzman and according to her petition she was “lawfully married by a form of common law marriage.” She adopted and used his name and lived with him for sixteen years and nine children were born of the marriage. In September 1941 Heitzman deserted her but no attempt was made to dissolve the bond of matrimony…