Corbett

This is an appeal from a judgment annulling a marriage which was rendered in accordance with the provisions of subdivision 2 of section 82 of the Civil Code.

The defendant was previously married to Fred Todd. In a suit for divorce she was awarded an interlocutory decree of divorce from Todd, June 29, 1926. This plaintiff and defendant were married August 27, 1927. This suit for an annulment of the last marriage was commenced January 27, 1928. The final decree in the former suit for divorce had not then 'been rendered. On motion of this appellant, the final judgment of divorce was rendered in that action February 6, 1928. It directed that the decree be “entered nunc pro tunc as of July 2, 1927”. The appellant’s answer was then filed in the present case February 10, 1928. It denies that she was a married woman at the time of her marriage with the plaintiff. Upon trial of this case the court found that the final judgment of divorce was not rendered or entered in the former action until February 6, 1928; that the appellant’s former husband was then living, and that the previous marriage was in force at the time of the marriage which is involved in this case. A decree of annulment of…