Peery v. Peery

Defendant in error, to whom we shall hereafter refer as plaintiff, brought her aetion for divorce and alimony and had judgment. She admits that no marriage ceremony was ever performed or attempted, hence she relies entirely upon what is known as a common law marriage. The record discloses that the alleged agreement of the parties to become husband and wife took place, if at all, at a time when,,by virtue of a statutory marriage, plaintiff was the wife of one John Gordon. Thereafter plaintiff obtained a divorce from Gordon, but no new contract was ever entéred into between plaintiff and…