Altieri v. Altieri

The plaintiff brings this complaint through his father as his next best friend, seeking a divorce. The defendant, also a minor, pleads in abatement that the plaintiff, being emancipated by his marriage with the consent of one of his parents, cannot maintain the action through his next best friend but must bring it in Ms own name alone. The plaintiff denied the allegations of the plea, and the marriage certificate of the plaintiff and defendant was introduced into evidence. The plaintiff is now nineteen years old and the defendant sixteen years of age. Consent to their marriage was given by…