Graham v. Graham

Kelly, P. J.:

The plaintiff and defendant married before a justice of the peace on March 17, 1921. In 1922 the plaintiff brought an action against his wife to annul the marriage upon the ground that at the time of the marriage she was the wife of one Behrens who was still living. This first annulment action was discontinued and plaintiff and defendant resumed their relations as husband and wife but again separated, and in January, 1923, plaintiff began *581this second annulment action based on alleged existence of the same prior marriage. The marriage ceremony between plaintiff and defendant was…