Lockhart v. Lockhart

Hawkins, Justice.

1. Where, as here, a divorce and alimony proceeding, brought by the plaintiff as the alleged wife of the defendant, was heard by the trial judge without the intervention of a jury, and the court found and adjudged that there had never been a valid marriage, either ceremonial or common law, between the parties, the trial judge was without jurisdiction to award alimony to the plaintiff “for the support of their virtually adopted son,” as was done in this case, because the right to recover alimony depends upon a valid subsisting marriage between the applicant and the man out of…