[DOWNLOAD] "Pritchett v. Ellis" by Supreme Court of Georgia ~ eBook PDF Kindle ePub Free
eBook details
- Title: Pritchett v. Ellis
- Author : Supreme Court of Georgia
- Release Date : January 05, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Roland J. Ellis filed in Laurens Superior Court, against Margaret Pritchett, a petition which as amended alleged substantially the following: On March 4, 1942, a marriage license was issued by the Ordinary of Johnson County purportedly to the petitioner and the defendant, which license was returned to the office of the ordinary on April 27, 1942, and duly recorded, together with a certificate dated April 11, 1942, with the name of a designated minister signed thereto, stating that he had performed a marriage ceremony uniting the petitioner and the defendant in marriage. The defendant, or some one acting for her, obtained the above marriage license without the knowledge or consent of the petitioner, wrote in the name of the petitioner and the defendant, forged the name of the minister, and transmitted the license and forged certificate back to the Ordinary of Johnson County for record. No marriage ceremony was performed by the named minister, uniting the petitioner and the defendant in marriage, and the relation of husband and wife between the respective parties does not and has never existed by virtue of the forged certificate or otherwise. The petitioner is a soldier and did not know that the defendant claimed to be his wife until she used the marriage license and forged certificate to obtain a dependency allowance from the United States Government. Since no marriage ceremony was performed, the petitioner can not sue for divorce or annulment. He is without an adequate remedy at law to protect his present or future status, and unless the marriage record is canceled, he will suffer irreparable injury. The prayers were for: (a) a decree directing the Ordinary of Johnson County to cancel the record in his court of the marriage license, and the marriage certificate which was alleged to have been forged; (b) an injunction to prevent the defendant from using the original license and marriage certificate, or any certified copy thereof for any purpose; (c) a decree declaring that the petitioner is not and has never been married to the defendant; (d) process and general relief. The defendant interposed separate demurrers to the petition on general and special grounds, and also filed an answer which denied material allegations of the petition, and averred that she and the petitioner had been married, and lived together as man and wife. Judge R. Earl Camp, in separate orders, overruled all of the above grounds of demurrer. Exceptions pendente lite, duly certified, were filed by the defendant.