Winner v. Winner
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jackson county. James O’Neill, Circuit Judge. Action to annul a marriage on the ground of fraud. There is no dispute about the facts. About the 23d or 24th of October, 1918, plaintiff, twenty-seven years of age, had sexual intercourse with the defendant, eighteen years of age. At that time they were engaged and intended to be married the following July.
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Appeal from a judgment of the circuit court for Jackson county. James O’Neill, Circuit Judge. Action to annul a marriage on the ground of fraud. There is no dispute about the facts. About the 23d or 24th of October, 1918, plaintiff, twenty-seven years of age, had sexual intercourse with the defendant, eighteen years of age. At that time they were engaged and intended to be married the following July. Later defendant advised him she was pregnant as the result of the intercourse with him, and plaintiff, relying upon such statement, married her February 6> 1919. Five months and fourteen days…
1Opinion of the CourtVinje, J.
It-appears from the evidence that plaintiff and defendant first became acquainted in July, 1917, engaged in August, 1918, and expected to be married in July, 1919. •On the 16th day of October, 1918, plaintiff returned home from army service to attend his brother’s funeral, and it was during his stay of a couple of weeks at home that he had intercourse with the defendant, he claims at her solicitation or advances, and she practically admits that. Both parties had been residents of Jackson county since birth, but whether near neighbors or not does not appear.
The trial court was of the opinioñ…
2Cases cited10 opinions
- Di Lorenzo v. . Di LorenzoNew York Court of Appeals · 1903
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Varney v. VarneyWisconsin Supreme Court · 1881
- Gard v. GardMichigan Supreme Court · 1918
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3Cited by17 opinions
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- Lyannes v. LyannesWisconsin Supreme Court · 1920
- Morris v. MorrisSuperior Court of Delaware · 1940
- Wells v. TalhamWisconsin Supreme Court · 1923
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