Cornett v. Cornett

Appellee filed divorce action in the Dear-born Circuit Court and appellant filed an alleged plea in abatement contending the court had no jurisdiction because the marriage was void under Burns’ §44-209, as both parties' at all times were residents of Indiana and had fraudulently gone to Kentucky to be married.

Appellee’s answer to the plea in abatement alleged the marriage was valid and that the plea in abatement went to the merits, and the court on hearing ruled the so-called plea in abatement was in fact a plea in bar and went to the merits of the case and ordered appel*216lant to pay $25 per…