NULLITY

Nothing; no proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or effect. Salter v. Hllgen, 40 Wis. 363; Jenness v. Lapeer County Circuit Judge, 42 Mich. 469, 4 N. W. 220; Johnson v. Hines, 61 Md. 122. Absolute nullity. In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public interest, while the latter is that which affects one certain individnal. Sunol v. Hepburn, 1 Cal. 281. No such distinction, however, is recognized in American law, and the term “absolute nullity” is used more for emphasis than as indicating a degree of invalidity. As to the ratification or subsequent validation of “absolute nullities,” see Means v. Robinson, 7 Tex. 502, 516. Nullity of marriage. The entire invalidity of a supposed, pretended, or attempted marriage, by reason of relationship or incapacity of the parties or other diriment impediments. An action seeking a decree declaring such an assumed marriage to be null and void is called a suit of “nullity of marriage.” It differs from an action for divorce, because the latter supposes the existence of a valid and lawful marriage. Sec 2 Bish. Mar. A Div. 289-294.