Hess v. Hess

On the 7th day of September, 1945, plaintiff, Minnie Ida Hess, filed an action against the defendant, George W. Hess, seeking a divorce on the ground of extreme cruelty. On issues joined, judgment was rendered for plaintiff granting the divorce and alimony of $1,500, payable $50 per month, and attorney’s fees.

To reverse this judgment defendant has appealed and raises the single issue that the marriage being voidable, the trial court had only jurisdiction to annul the marriage, and was therefore with*131out authority to grant alimony. The record discloses that both parties had been previously…