Cross v. Cross

PHELPS, Justice (Retired).

This is an appeal from a judgment and decree granting an absolute divorce to appellee, Katherine Cross, from appellant, Benjamin S. Cross and denying to him an annulment. The decree also gave to appellee alimony, attorney’s fees, and it distributed the asserted community property to the parties.

The prime issue, both in the court below and here, is the validity of the parties’ marriage. Appellant asserts there was no valid marriage in the first instance, and therefore there can be no divorce of a nonexistent union, but only a declaration annulling the attempt at…