Stierlen

Plaintiff declined to amend her complaint after defendants ’ demurrer had been sustained, and judgment was entered against her. She prosecutes this appeal from the judgment.

It is alleged in the complaint that plaintiff and defendant George Stierlen intermarried in February, 1886, and ever since have been and now are husband and wife; that in November, 1896, defendant George Stierlen, representing himself to be an unmarried man, procured a marriage license, authorizing him to marry one Rosa Scott, and was, after procuring such license, married to said Rosa Scott, who has since been known as Mrs. George Stierlen, and who is one of the defendants; that since said marriage in the month of November, 1896, the defendants have cohabited together as man and wife, and now are living together as man and wife. Judgment is prayed that the said marriage of defendants be declared void and annulled.

It is stated in the briefs that the court sustained the demurrer upon the ground that the cause of action as stated in the complaint appears upon the face thereof to be barred by section 343 of the Code of Civil Procedure, which provides that an action for relief not thereinbefore provided for…