Gearllach v. Odom

Duckworth, Justice.

(After stating the foregoing facts.) The petition shows that the petitioner, an unmarried man, went through a marriage ceremony with the defendant, who at the time had a living husband, and that her previous marriage was undissolved. The civil statute (Code, § 53-102), plainly declares that the previous undissolved marriage of the defendant rendered her incapable of making a marriage contract with this petitioner. This court has uniformly held that such an attempted bigamous marriage is utterly void, and may be disregarded without ever being decreed void by a judgment of a…