Fisher v. Fisher

In this action for a separation the complaint alleges “ that the parties hereto were duly married on the 24th day of October, 1925.” The answer denies the allegation. Concededly, on the day named the parties to the action were on board the steamship Leviathan, then on the high seas, bound from the port of New York to Southampton, England. When the ship was forty miles out from the port of New York, its captain performed a marriage ceremony, wherein these parties were the principals. In the course of the ceremony the captain asked the plaintiff if she took the defendant for her husband; asked…