Lau v. Lau

The question transferred is whether the marriage of a feeble-minded person, entered into in violation of the statutory prohibition, is void or only voidable! The statute upon the subject prohibits the marriage, under certain circumstances, but does not declare that it shall be void. Laws 1915, c. 161. It is the general rule in this country that a mere statutory prohibition of a certain marriage does not render it void unless the statute so declares. Gould v. Gould, 78 Conn. 242; Cunningham v. Cunningham, 206 N. Y. 341, 344; 18 R. C. L. 440.

When the language of this act is compared with the…