Stellman v. Stellman

WHITE, P. J.

This is an appeal by plaintiff from a judgment denying her an annulment of her marriage to defendant.

In the first cause of action of her complaint plaintiff alleged that she and defendant participated in a ceremony of marriage at Los Angeles, California, on September 10, 1949; that at the time of the said purported marriage defendant was the lawfully wedded husband of one Genevieve Reinhart, that said marriage between defendant and Genevieve Reinhart had not been dissolved or annuled, and was in full force and effect.

Defendant filed a general appearance, admitted service of the summons and complaint upon him, waived whatever rights he might have or thereafter acquire under the Soldiers’ and Sailors’ Civil Relief Act, waived time to answer, notice of trial, and consented that the action might be heard as a default matter. Following entry of defendant’s default, the cause proceeded to trial.

Plaintiff testified that she participated in a marriage ceremony with defendant as aforesaid; that at the time of the purported marriage defendant gave his name on the marriage certificate as “Earl W. Edelman,” and that she did not know him by any other name at that time; that subsequently thereto, in August, 1950, she learned that defendant’s true name was Earl Stellman, instead of Earl W. Edelman, which fact was admitted to her by defendant, who stated to her that the reason for the change was that the Army “was looking for him. ’ ’

Plaintiff further testified that in May, 1951, defendant was “picked up” by the Army for desertion, and subseqeuntly tried and found guilty.

In April or May, 1952, plaintiff and defendant met in Los Angeles, at which time defendant stated to plaintiff that he wanted her to get an annulment because, as he stated, he “wasn’t divorced from his first wife, that he didn’t want the Army to know, because if the Army knew, they would charge him with bigamy”; that he was married to a woman by the name of “Genevieve,” and that he had never been divorced from her.

Plaintiff offered in evidence the marriage license of Earl Stellman and Genevieve Reinhart on May 30, 1941, at New London, Missouri.

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