Carpenter v. Smith
Supreme Court of Iowa
Appeal from Poweshiek District Court. Plaintiffs, Susan A. and S. R. Carpenter, were married, December, 1865, and lived together until January 6, 1866, when said S. R. Carpenter borrowed a team of J. M. Bryan and ran away with it, feloniously appropriating it to his own use, and intending to abandon his said wife and escape from the county.
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Appeal from Poweshiek District Court. Plaintiffs, Susan A. and S. R. Carpenter, were married, December, 1865, and lived together until January 6, 1866, when said S. R. Carpenter borrowed a team of J. M. Bryan and ran away with it, feloniously appropriating it to his own use, and intending to abandon his said wife and escape from the county. February 6, 1866, having been arrested, he was lodged in the jail of Mahaska county, and, at the April Term of the court following, ’ he was brought to Montezuma for trial, but, esé’apíug. from his guard, has not since been heard of. On'i-;thp‘ 17th of…
1Opinion of the CourtBeck, J.
1. husbaud void marriage, The fact that S. R. Carpenter had a lawful wife living rendered the marriage with Susan A. Carpenter void ab initio. He acquired no rights thereby; she lost none. The marriage *203in no way affected her positive or relative rights, for, in truth, it was, in law, no marriage, the man and woman being incapable of entering into the marriage relation with each other. He acquired no right to her property, and she none to his, by virtue of the marriage, and they stood in the same relation to each other as though it had never taken place. It is void ab initio as to her, because…
2Cited by4 opinions
- Brett v. BrettSupreme Court of Iowa · 1921
- Drummond v. IrishSupreme Court of Iowa · 1879
- DeWall v. RhoderickSupreme Court of Iowa · 1965
- Ah Leong v. Ah LeongHawaii Supreme Court · 1927