Dusek v. Onufrey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. One John Joseph Jansa, for many years a resident of Pierce county, for about fifteen years prior to his death had .been subject to epileptic convulsions. On May 15, 1913, he was adjudged insane and committed to a hospital. On December 14, 1915, he was declared sane and his guardian discharged.
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Appeal from a judgment of the circuit court for Pierce county: George Thompson, Circuit Judge. One John Joseph Jansa, for many years a resident of Pierce county, for about fifteen years prior to his death had .been subject to epileptic convulsions. On May 15, 1913, he was adjudged insane and committed to a hospital. On December 14, 1915, he was declared sane and his guardian discharged. In September, 1916, he went to Minneapolis, and while there met the respondent, á widow twenty-five years of age. About three weeks thereafter he applied for a license to marry the respondent in Wisconsin. On…
1Opinion of the CourtRosenberry, J.
The appellants contend that the marriage is void (1) because Jansa was insane at the time of the marriage, and (2) because a marriage with an epileptic is void under the laws of Wisconsin.
The trial court found that Jansa was not insane at the time of the marriage. Aside from the fact that Jansa was admittedly an epileptic and that it appears that his mind was to some extent affected, there is little evidence in the case to establish his insanity at the time of the marriage. It cannot be said that because Jansa was an epileptic he was therefore insane, It is a matter of common knowledge that…
2Cases cited2 opinions
- Gould v. GouldSupreme Court of Connecticut · 1905
- Lanham v. LanhamWisconsin Supreme Court · 1908
3Cited by8 opinions
- Lyannes v. LyannesWisconsin Supreme Court · 1920
- Simpson v. NeelyCourt of Appeals of Texas · 1949
- Hempel v. HempelWisconsin Supreme Court · 1921
- King v. CanonWisconsin Supreme Court · 1936
- Corning v. Carriers Insurance Co.Court of Appeals of Wisconsin · 1979
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