Williams v. Williams
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for MilwtmJeee County. Tbe case is thus stated by Mr. Justice Cassoday: This is an action of ejectment, commenced September 7, 1874, by tbe plaintiff, as tbe widow of Lewis Williams, Sr., for dower of an undivided one-third of 260 acres of land in Kenosha county, and damages for withholding the same. The answer denies that she was ever such widow, or the wife of the deceased.
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APPEAL from tbe Circuit Court for MilwtmJeee County. Tbe case is thus stated by Mr. Justice Cassoday: This is an action of ejectment, commenced September 7, 1874, by tbe plaintiff, as tbe widow of Lewis Williams, Sr., for dower of an undivided one-third of 260 acres of land in Kenosha county, and damages for withholding the same. The answer denies that she was ever such widow, or the wife of the deceased. On the first trial the jury found in favor of the plaintiff, and the judgment entered upon the verdict was reversed by this court for intervening error. 46 Wis. 464. Upon the cause being…
1Opinion of the CourtOassoday, J.
Was the marriage between the plaintiff and Lewis Williams, Sr., legal and binding upon the parties at the time it was consummated, on May 9,1870 ? The answer to this question must be in the affirmative, unless the plaintiff was at the time the wife of William Jones. If she was at the time the wife of Jones, then she was incapable of entering into the marriage contract with Lewis Williams, Sr. Sec. 2330, R. S. The statute expressly prohibits such second marriage. Ibid'. It goes further and declares that “ if solemnized within this state,” as this was, it shall “ be absolutely void, without any…
2Cases cited38 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- Carroll v. CarrollTexas Supreme Court · 1858
- Yates v. HoustonTexas Supreme Court · 1848
- Wightman v. WightmanNew York Court of Chancery · 1820
- Blanchard v. LambertSupreme Court of Iowa · 1876
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3Cited by51 opinions
- Rediker v. RedikerCalifornia Supreme Court · 1950
- Case v. HoffmanWisconsin Supreme Court · 1898
- Pittinger v. PittingerSupreme Court of Colorado · 1901
- Brokeshoulder v. BrokeshoulderSupreme Court of Oklahoma · 1921
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
46 more not listed; retrieve them via the Exa API.