Smith v. Smith

The parties, assuming the family court commissioner to be a party, have presented two issues: (1) Was the second marriage, the plaintiff’s marriage to Smith, void or voidable? (2) Was the action for annulment barred by virtue of sec. 247.03 (2), Stats., because not brought while the first husband, Haralson, was still living?

We believe the first issue is controlling and therefore do not propose to decide the effect of sec. 247.03 (2), Stats., upon these facts.

The appellant contends that because she had another husband living at the time of her marriage to Smith, the Smith marriage was void and…