TIERNEY v. TIERNEY


332 Mass. 414 (1955)

125 N.E.2d 413

ETHEL B. (HYDER) TIERNEY vs. J. PAUL TIERNEY.

Supreme Judicial Court of Massachusetts, Norfolk.

March 31, 1955.


Attorney(s) appearing for the Case

James L. Kenney, (William S. Kenney with him,) for the libellant.

Richard J. Cotter, Jr., for the libellee.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

This is a libel for annulling the purported marriage between the parties, under G.L. (Ter. Ed.) c. 207, § 14, as amended. The main question is, whether at the time when the parties went through a ceremony of marriage on August 16, 1949, J. Paul Tierney already had a wife.

Tierney was divorced from his first wife, Mary Ellen Tierney, in Massachusetts, on her libel, by a decree which became absolute on April 9, 1938. By G.L. (Ter. Ed.) c. 208...

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