Lang v. Reetz-Lang

I must respectfully disagree with my brothers in the majority as to the result they reached in disposing of defendant’s second, third and fourth assignments of error.

It would appear that, after the failure to consummate the marriage on the wedding night, both parties were at fault, in that neither made any further attempt at consummation. In the Darling case, the court declined to employ the legal fiction of retroactive nullification to a nonconsummated and annulled second marriage where the fiction would have operated to work an injustice upon the first husband of the wife who, had the…