Roth v. Roth

Gilbert, C. J., dissents and files a dissenting opinion at page 445 infra.

Although the parties put it somewhat differently, we think the issue to be decided in this appeal is this: Did the chancellor have the authority to award alimony to a putative wife after granting her putative husband a divorce a vinculo matrimonii on the ground that at the time of their purported marriage the putative wife was already married to a then living husband?

The putative husband, Robert Philip Roth, the appellant here, does not argue the appellee’s need for support or the amount of alimony awarded. He contests…