TOWNSEND, J.
1. Error is assigned on the charge of the court as follows: "I charge you that the burden is on the plaintiff, Mary Cooper, to prove her case by a preponderance of the evidence. Gentlemen of the jury, after considering all the facts and circumstances of the case, under the rules of law that I have given you in charge, if you should find that the plaintiff Mary Cooper, has carried the burden of showing to your satisfaction that she is legally married to...
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