Bowman

This appeal is from the judgment on the judgment-roll alone. Frances C. Bowman, as plaintiff, sued the defendants for annulment of the marriage of defendants Horace D. Bowman and Bryan Houston Bowman. The defendant Horace D. Bowman entered his voluntary appearance in the action, and by his answer admitted each and every of the allegations of the complaint herein and waived notice of the time of trial.

The defendant Bryan Houston Bowman answered with appropriate denials the averments of the complaint and set up in separate counts certain affirmative defenses. She also filed a cross-complaint, making both the plaintiff, Frances C. Bowman, and the defendant Horace D. Bowman cross-defendants. They duly answered the cross-complaint. Each of them filed an answer to the cross-complaint.

The court made findings of fact, conclusions of law and entered judgment in favor of plaintiff, vacating, annulling and setting aside the marriage of Horace D. Bowman and Bryan Houston Bowman, which was duly solemnized April 21, 1925; denying the application of Bryan Houston Bowman, the cross-complainant for relief. Judgment was entered December 31, 1926.

The appeal presents the question as to whether…