Davis v. Davis

Plaintiff brought this action for separate maintenance. Defendant filed a cross-complaint, praying for annulment of marriage or, in the alternative, for divorce. The cause first came on for trial in July, 1939. July 19th, the court entered a decree annulling the marriage and awarding plaintiff a money judgment of two thousand dollars against defendant. From the latter portion only of the decree, defendant appealed. The decree annulling the marriage was predicated on the court’s sixth finding of fact:

“Through their respective attorneys, plaintiff and defendant Thomas H. Davis orally stipulated…