Potter v. Potter

Citations

• 45 Wash. 401
• 88 P. 625
• 1907 Wash. LEXIS 479

Syllabus

<p>Divorce — Pleading—Reply—Sufficiency. In an action for divorce, where the answer alleges that plaintiff had since contracted marriage with another man, a reply thereto is not demurrable where it admits such subsequent marriage but excuses the same by showing that plaintiff was misled thereto by information that the defendant was a married man at the time he married the plaintiff, and that plaintiff was informed and then believed that no divorce from defendant was-necessary.</p> <p>Marriage — Evidence—Sufficiency—Burden of Proof. Upon a direct conflict in the evidence as to the performance of a ceremonial marriage, the same is sufficiently established by evidence of cohabitation, reputation, and recognition for seven years, during which time children were born and the defendant repeatedly recognized the wife and made homestead entry as a married man; since the burden of proof is then upon the party denying the marriage to show that no ceremony had been performed.</p>