Birch v. Birch

Plaintiff sued for the annulment of the marriage of the parties on the ground that the defendant was married to another and not divorced. Defendant cross-complained seeking a divorce on the ground of plaintiff’s cruelty. Judgment went for the defendant on plaintiff’s complaint, and on her cross-complaint a divorce was denied on the ground that her testimony concerning the acts of cruelty was not corroborated. Plaintiff alone appeals.

The trial court found that plaintiff had failed to prove that defendant’s former marriage had not been legally dissolved prior to the marriage of the parties…