McCaffrey v. Benson

The opinion of the Court was delivered by

Poomí, J.

Plaintiff snes for a judgment of separation from bed and board against the defendant on the grounds of cruel treatment and of outrageous excesses.

Defendant first pleaded the general denial, and subsequently urged by way of a peremptory action that there was no legal marriage between him and plaintiff, for the reason that when he. agreed to marry her, she was, by previous legal marriage, the wife of another man then living, and from whom she. had never been legally separated. Hence *199lie prayed for a judgment recognizing the nullity of his…