Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1947-07-17
NO. IZ,5To Equity.
ORDER OF
PUBLICATION

The object of this suit is to have
the marriage ceremony between
the plaintiff and the defendant set
aside, and their marriage held null
and void, and for general relief.
The Bill in substance states that
the plaintiff, since April 1, 1887,
has been a resident of Montgom-
cry County, Maryland, and is of
full legal age; and the defendant
is a nonresident of the State of
Maryland, residing at $3.50 Daven-
port Street, N. W., Washington
District of Columbia, and is of full
legal age; that the plaintiff and
defendant were married on May
Is, 1916; that heretofore, to wit,
on the 18th day of February, 1912,
the defendant and a certain Car
olee Ellen Arnold were married in
Prince Georges County, and that
in the application for said mar
riage license, the defendant gave
the age of the said Carolee Ellen
Arnold as age 10, although, in
fact, she was born September 2,
1925; that, thereafter, on October
10, 1912. the defendant filed suit
against the said Carolee A. Mezza-
notte in the Circuit Court for
Prince Georges County for an
annulment of their marriage, which
Bill cited, among other things, that
the said Carolee A. Mezzanotte had
advised the defendant in this suit
that she did not intend to live with
him and that their marriage was
never contaminated and that they
never lived together as husband
and wife, and the Bill prayed that
said marriage ceremony be set
aside and held null and void; the
Bill did not inform the Court that
the said Carolee A. Mezzanotte
was then an infant; that, there
after, an Order of Publication was
issued by the Circuit Court fo1
Prince Georges County, directed to
the defendant, Carolee A. Mazza-
notte, which was personally served
upon her in New York; and that
she filed her Answer in proper
person, whereby she admitted sale
marriage ceremony, but neither ad
mitted nor denied the other ma,
terial allegations of said Bill: the
Answer did not inform the Court
that she was then an infant; thai
on the 23rd day of November
1912, member of the Bar entered
his appearance for her, and leave
was granted to take testimony by
the Court, and testimony was taker
on November "a, 1912: that thi.
defendant. therein testified to his
marriage with the said Carolee A
Mezzanotte and that they never
lived together, and that she sale
she had no intention of living with
him, and the evidence did not in
form the Court that the said Car,
olee A. Mezzanotte was then al
infant; that, thereafter, the Cir.
cult Court for Prince Georges
County decreed that the bonds Of
matrimony existing between the
defendant herein and Carolee A
Mezzanotte were null and void anC
of no effect; that at the time oil
filing said suit, the said Carolee
A. Mezzanotte was an infant, hav.
ing been born on September 2
1925, and was not able or CONNIE
tent in contemplation of law rt
take any step IL said cause, anC
her Answer in proper person anC
the appearance for counsel for hei
were void and of no effect, and nc
guardian ad Item was appointed
for her; that this plaintiff has beer
informed and believes and, there.
fore, AYERS that the marriage OF
the said Caroleee A. Mezzanotte
and the defendant in this cause
was consummated after said mar.
riage ceremony; that this plaintiff
is informed and believes, and
therefore, AYERS, that the Circuit
Court for Prince Georges County
had no jurisdiction to render the
decree multiplying the aforesaid
marriage for the reason that the
defendant therein was not able OF
competent to take any step in said
cause because of her infancy, and
a guardian ad Item should have
been appointed for her to defend
said cause, and the Court, also had
no jurisdiction to decree said mar
riage null and void because of the
consummation of said marriage;
that on May 10, 1916, the said
Carolee A. Mezzanotte was a liv-
ing person, and this plaintiff is in.
formed and believes and, therefore
AYERS, that the defendant herein
and the said Carolee A. Mezza.
notte were and still are husband
and wife, and, therefore, the mar
riage between this plaintiff and
this defendant is void: and this
plaintiff has not lived nor co-hab.
tied with the defendant since hav-
ing been advised that the decree
of the Circuit Court for Prince
Georges County was null and void:
1t is, thereupon, this 18th day
of June. A. D.. 1917, ordered by
the Circuit Court for Montgomery
County, as a Court of Equity,
that the plaintiff cause a
copy Of this Order to be inserted
in some weekly newspaper pub
lished in said Montgomery Coun-
ty in each of four successive
weeks, before the 10th day Of July,
n. D.. 1947, giving notice to the
said absent defendant, Matthew N.
Mezzanotte, Of the object and sub
stance of this Bill of Complaint,
and warning him to appear in this
.;ourt in person or by solicitor, on
or before the 7th day Of August,
1947, to show cause, if any he may
nave, why a decree ought not to
be passed as prayed.
CLAYTON X. WATKINS,