Whitney v. Whitney

Mary P. Whitney sued Wayne Whitney in the district court for a divorce, and other appropriate relief with respect to their minor children and property. She alleged that:

“On October 1, A.D., 1928, plaintiff and defendant were married in Oklahoma City and ever since that date have been husband and wife.”

The ground for divorce was extreme cruelty. Whitney filed an answer wherein (1) he denied the marriage in Oklahoma City; (2) he set out in detail his marriage to another woman in 1913, and asserted that that marriage had. never been dissolved; (3) and by reason of the marriage existing between…