McMurren v. McMurren

MUSSELL, J. Plaintiff, in his complaint for divorce filed herein, alleged that he and the defendant, Betty M. McMurren, were married in Portsmouth, Virginia, on August 4, 1951; that they separated on September 7, 1954; that there were no children the issue of said marriage and that there was no community property. The defendant, in her answer, admitted that the parties participated in the marriage ceremony at Portsmouth on or about August 4, 1951, and in her cross-complaint she alleged that ever since August 4, 1951, • the plaintiff and defendant have been known as husband and wife and that there has been no other ceremony of marriage by or between them. It was further alleged in the cross-complaint that at the time of said purported marriage plaintiff was the husband of Terry Lynn McMurren, and that the marriage of said plaintiff and Terry Lynn McMurren had not been dissolved or annulled and was in full force and effect. The prayer of the cross-complaint was that the purported marriage [805]between plaintiff and defendant on August 4, 1951, be declared null and void.

Trial was had on the issues presented by the pleadings. The court found that the allegations of the cross-complaint were true and rendered judgment that the marriage between cross-complainant and Richard MeMurren was null and void.

The sole contention of appellant Richard McMurren is that “There is no substantial evidence to support a valid marriage under California law between plaintiff and Terry Lynn.”

The evidence relating to the marriage of appellant and Terry Lynn is contained in the deposition of appellant and in the testimony of Terry Lynn at the trial. She testified that on March 9, 1951, she and appellant went to Tijuana, Mexico; that “We went down to one of the justices of the peace, or whatever they call them down there, and we asked if we could get married and they said that we could”; that they were introduced to two Mexican people in the room who were to be witnesses; that she and appellant were asked to look over the papers; that they signed their names, raised their right hands and were “sworn in” regarding the truth of their statements; that appellant furnished a ring and placed it on her finger in the presence of the witnesses and that the officiating officer then pronounced them man and wife; that they gave their names and addresses to the officiating officer and then went back to Long Beach; that the marriage certificate or papers were sent to appellant and that he gave an address to which all documents were to be sent; that she and appellant lived together at Long Beach from March 9, 1951, for about a month, when he was transferred to the east coast; that she had not filed any divorce action against the appellant and had never received any divorce papers from him or from his attorney.