State v. Cone
Wisconsin Supreme Court
REPORTED from the Circuit Court for Raoine County. Prosecution for bigamy. The defendant, without the consent of his parents, married one Edith S., October 31, 1885, being then fifteen years and two months old. They cohabited together until April, 1886, when they voluntarily separated and have not since lived together.
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REPORTED from the Circuit Court for Raoine County. Prosecution for bigamy. The defendant, without the consent of his parents, married one Edith S., October 31, 1885, being then fifteen years and two months old. They cohabited together until April, 1886, when they voluntarily separated and have not since lived together. On the 19th day of September, 1891, the defendant married one Sarah C., the said Edith being still alive, and no decree of divorce or annulment of the first marriage having been obtained. Upon these facts the defendant was found guilty of bigamy, and upon motion in arrest of…
1Opinion of the Court
"WiNslow, J.
The question is, Was the first marriage void or voidable only? If void, then there was no bigamy; if *500voidable only by the decree of a court of competent jurisdiction, then there was a marriage subsisting until such decree was rendered, albeit an imperfect one. Speaking of such a marriage, it was said by this court in the case of Eliot v. Eliot, 77 Wis. 634: “ This marriage is not an absolute nullity. It is only annulled from such time as shall be fixed by the judgment of the court. R. S. sec. 2350.1 That time may, and in many contingencies should, be fixed at a later date than…
2Cases cited2 opinions
- Beggs v. StateSupreme Court of Alabama · 1876
- Eliot v. EliotWisconsin Supreme Court · 1890
3Cited by9 opinions
- In Re the Estate of GregorsonCalifornia Supreme Court · 1911
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1908
- State ex rel. Scott v. LowellSupreme Court of Minnesota · 1899
- Lyannes v. LyannesWisconsin Supreme Court · 1920
- Boehm v. RohlfsSupreme Court of Iowa · 1937
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