De Echeguren v. De Echeguren

Plaintiff appeals from a judgment in favor of the defendants Mercedes de Echeguren Miller and Paul Albert Miller entered upon-an order granting defendants’ motion for summary judgment. For convenience we will refer to the defendants by their first names.

Plaintiff’s first amended complaint sets forth two separately stated causes of action. In the first, the complaint alleges that plaintiff and Mercedes were married in Spain in 1952, at all times thereafter have been husband and wife and have two children born issue of such marriage; that Mercedes without provocation, cause or plaintiff’s consent separated from plaintiff at the request and procurement of Paul; and that Mercedes and Paul conspired with each other to obtain a dissolution of the marriage between plaintiff and Mercedes so that they might have a civil ceremony performed declaring Mercedes and Paul “to be purported husband and wife.”

In furtherance of this conspiracy, so it is alleged, and with each defendant acting jointly with and as the agent of the other, Paul invited Mercedes to become his wife and she ac cepted the invitation; in 1955 Mercedes separated from the plaintiff and purported to take certain steps to…