State ex rel. De Puy v. Evans
Wisconsin Supreme Court
ApplicatioN for a Writ of Prohibition. This is an original application to this court for a writ of prohibition. The facts alleged in the relator’s verified petition, filed herein July 18, 1894, and in the return, are as follows: On February 17,1893, a complaint upon information and belief was made by one Charles GL Deissner before the defendant as justice of the peace, charging the relator with having on October 17, 1892, at the county of Waukesha, committed the crime of…
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ApplicatioN for a Writ of Prohibition. This is an original application to this court for a writ of prohibition. The facts alleged in the relator’s verified petition, filed herein July 18, 1894, and in the return, are as follows: On February 17,1893, a complaint upon information and belief was made by one Charles GL Deissner before the defendant as justice of the peace, charging the relator with having on October 17, 1892, at the county of Waukesha, committed the crime of adultery with his niece, Helen May De Puy. Thereupon said justice forthwith issued his warrant for the arrest of the…
1Opinion of the CourtCassoday, J.
In this state marriage “ between parties who are nearer of kin than first cousins, computed by the rule of the civil law, whether of the half or of the whole blood,” is expressly forbidden. R. S. sec.' 2330. Such a marriage, “ if solemnized within this state,” is “ absolutely void without any judgment of divorce or other legal proceeding.” R. S. sec. 2349. The statute, moreover, declares that: “Anyperson being within the degree of consanguinity within which marriages are prohibited or declared by law to be incestuous and void, . . . rvho shall commit adultery or fornication with each other,…
2Cases cited17 opinions
- In Re CooperSupreme Court of the United States · 1892
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Ex parte SmithSupreme Court of Alabama · 1853
- State ex rel. Long v. KeyesWisconsin Supreme Court · 1889
- State v. DavieWisconsin Supreme Court · 1885
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3Cited by17 opinions
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Commonwealth v. Mellon National Bank & Trust Co.Supreme Court of Pennsylvania · 1948
- State v. BaltesWisconsin Supreme Court · 1924
- Jackson v. StateWisconsin Supreme Court · 1895
- Butler v. StateWisconsin Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.