Forrest v. . Havens

Bacon, -J.

Upon the trial of this cause, the only available exception taken by the defendant’s counsel was to the refusal of the judge to charge as requested, that the plaintiff could only recover nominal damages, for the reason that it appeared that the suit in which the undertaking of these defendants was given was a suit for a divorce prosecuted in the Superior Court, which had no jurisdiction to grant a divorce, and the Court of Appeals had no jurisdiction of the action in which the divorce was granted, and the undertaking was therefore void.

Upon the argument here, this exception is…