Smith v. Smith
Ohio Supreme Court
Petition for dower. Reserved in Delaware county. In 1817 or 1818, the complainant, then Ruth Atherton, was married, in Luzerne county, Pennsylvania, to one William Dennis.
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Petition for dower. Reserved in Delaware county. In 1817 or 1818, the complainant, then Ruth Atherton, was married, in Luzerne county, Pennsylvania, to one William Dennis. They lived and cohabited as man and wife one or two years, when they separated, and he went to Susquehanna county, in that State, where he afterwards married and continued to reside until his death, in 1853. In 1826 or 1827, Ruth came to Ohio, and in 1829 was married to David Smith, in Delaware county, and resided with him as his wife until his death, in 1845. During this coverture, David was seized of an estate of…
1Opinion of the CourtJ. R. Swan, J.
It seems to be conceded by the counsel for the complainant, Ruth Smith, that if her marriage to Smith was absolutely void, she is not entitled to dower in his estate. Such is undoubtedly the law; and it is equally well settled, that a *33second marriage,, as in this case, while the first husband was living, is absolutely void, unless the legislation of this State has rendered such second marriage voidable only.
It is said that the statute which authorizes proceedings to obtain a divorce, “ where either of the parties had a former husband or wife living at the time of solemnizing the second…
2Cited by10 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Dibble v. Dibble, Admx.Ohio Court of Appeals · 1950
- Darling v. DarlingOhio Court of Appeals · 1975
- Moore v. MooreTennessee Supreme Court · 1899
- Teter v. TeterIndiana Supreme Court · 1883
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