Wampler V. Wampler

This action was brought by plaintiff to secure a divorce from defendant. Plaintiff alleged the jurisdictional facts, marriage of the parties at Tipton, Indiana, June 25, 1940; that there is no issue of the marriage; and cruel treatment on the part of defendant. Her prayer is for restoration of her former name of Marie Ecker, and the only affirmative relief sought is divorce. As an affirmative defense, defendant pleaded that plaintiff procured a decree of divorce in the fifth judicial district of the state of Idaho, and that subsequent to the entry of that decree defendant had remarried. By reply to the affirmative matter plaintiff alleged that she was induced by defendant to proceed to Idaho, remain for a period of approximately two months for the only purpose of complying with the statute of that state in regard to residence, and obtain a decree of divorce from defendant; that at all times since her marriage to defendant in 1940 she has been domiciled in the state of Washington.