Motion by plaintiff for an order dismissing the counterclaim on the ground that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 109). On such a motion we must assume the truth of the facts pleaded in said counterclaim.
Defendant alleges that on September 17, 1949, he and the plaintiff participated in a ceremony of marriage at which time plaintiff was legally free to marry him. He contends...
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