Legal Opinion

Hall v. Industrial Commission

Wisconsin Supreme Court

Decided April 4, 1917PublishedCited by 26 opinions

Appeai, from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. ? October 27, 1911, the plaintiff, then Mrs. Wardner, obtained a decree of divorce from her husband in the superior court of Cook county, Illinois, of which county and state she was then a resident. The decree contained this provision: “but neither party shall marry again within the time forbidden by statute unless they remarry each other.”

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Appeai, from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. ? October 27, 1911, the plaintiff, then Mrs. Wardner, obtained a decree of divorce from her husband in the superior court of Cook county, Illinois, of which county and state she was then a resident. The decree contained this provision: “but neither party shall marry again within the time forbidden by statute unless they remarry each other.” The time forbidden by statute was one year from the granting of the decree. Sec. 4216, Ill. Ann. Stats. (Jones & Adding-ton). That section further provided that…

1Opinion of the CourtVinje, J.

That the law favors marriage and that a marriage valid where solemnized is generally held to he valid everywhere have become settled principles in onr jurisprudence. Like all general principles, however, they have their exceptions where unusual circumstances would render their application inequitable or where they are contrary to a declared public policy or to good morals. Had the plaintiff been divorced in this state and gone to Indiana and married, as she did within the year, her marriage would have been absolutely void under the rule announced in Lanham v. Lanham, 136 Wis. 360, 117 N. W.…

2Cases cited8 opinions

  1. Lanham v. LanhamWisconsin Supreme Court · 1908
  2. Wilson v. CookIllinois Supreme Court · 1912
  3. Armstrong v. Industrial CommissionWisconsin Supreme Court · 1915
  4. Frame v. ThormannWisconsin Supreme Court · 1899
  5. Williams v. WilliamsWisconsin Supreme Court · 1879

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3Cited by26 opinions

  1. Simmons v. Superior CourtCalifornia Court of Appeal · 1950
  2. Huard v. McTeighOregon Supreme Court · 1925
  3. Schurler v. Industrial CommissionUtah Supreme Court · 1935
  4. Scott v. Independent Ice Co.Court of Appeals of Maryland · 1919
  5. Larson v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1977

21 more not listed; retrieve them via the Exa API.

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