Supreme Court of Colorado, 1945

Pickett v. Pickett

Pickett v. Pickett
Supreme Court of Colorado · Decided August 20, 1945 · Bakke, Stone, Alter
161 P.2d 520; 114 Colo. 59; 1945 Colo. LEXIS 125 (Pacific Reporter, Second Series)

Pickett v. Pickett

Opinion of the Court

By Mr. Chief Justice Bakke, Mr. Justice Stone and Mr. Justice Alter.

At the trial, the court dismissed plaintiff’s action for divorce based on cruelty. She prosecutes this writ to reverse an adverse judgment.

The undisputed evidence is that the initial relationship between plaintiff and defendant was meretricious and there is no competent evidence that it was changed. This cannot be the basis for a common-law marriage. No ceremonial marriage was ever performed. Under these circumstances the trial court was right in dismissing the action.

The judgment is affirmed.

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