GARDNER v. GARDNER

No. 10900.

110 S.E.2d 495 (1959)

Elmer Miller GARDNER v. Minnie Lilly GARDNER.

Supreme Court of Appeals of West Virginia.

Decided October 6, 1959.


Attorney(s) appearing for the Case

Paul J. Fourney, Beckley, for appellant.

Haynes & Ford, Sheldon E. Haynes, Lewisburg, for appellee.


CALHOUN, Judge.

In this suit in chancery instituted in the Circuit Court of Greenbrier County, Elmer Miller Gardner prays for an annulment of his marriage to Minnie Lilly Gardner on March 20, 1954, on the ground that a divorce he obtained previously in Tennessee from Grace Showalter Gardner, his wife by a former marriage, is void.

By a final decree entered on August 15, 1956, the circuit court annulled the second...

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