O'Leary v. O'Leary

Plaintiff and defendant were married on November 11, 1929, and resided together at the home of plaintiff’s father until April 7, 1930, at which time defendant left and went to live with his mother and brother. The marriage was not consummated. On May 1, 1930, the husband brought action against his wife for annulment of the marriage on the ground that she was physically incapable of entering into the marriage state. While the annulment action was pending the wife, on or about October 30, 1933, brought action against her husband for a judgment of separation, pursuant to section 1161 of the…