Legal Opinion

Roether v. Roether

Wisconsin Supreme Court

Decided March 6, 1923PublishedCited by 15 opinions

Appeal from a judgment of the county court of Iowa county: Aldro Jenks, Judge. This is an action to affirm a marriage entered into in the state of Illinois between the parties on the 10th clay of January, 1922. At that time the defendant, who had been married-June 15, 1920, and become a widower by the death of his first wife in January, 1921, \yas about sixty-one years of age, and the plaintiff was a single woman about thirty "years of age.

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Appeal from a judgment of the county court of Iowa county: Aldro Jenks, Judge. This is an action to affirm a marriage entered into in the state of Illinois between the parties on the 10th clay of January, 1922. At that time the defendant, who had been married-June 15, 1920, and become a widower by the death of his first wife in January, 1921, \yas about sixty-one years of age, and the plaintiff was a single woman about thirty "years of age. In 1916 the defendant was adjudged an incompetent and a guardian of his person and estate was appointed. Such guardianship existed at the time of the…

1Opinion of the Court

The following opinion was filed January 9, 1923:

Vinje, C. J.

The question of law presented is whether or not sec. 3979 of our Statutes rendered the marriage void. It reads:

“After the order ■ for notice, as provided in sections 3976 and 3978, has been issued the petitioner may cause a copy of the petition, with a copy of the order for such notice, to be filed and recorded in the office of the register of deeds for the county; and if a guardian shall be appointed *26upon such application all contracts, except for necessaries, at reasonable prices, and all gifts, sales, and transfers of real or…

2Cases cited5 opinions

  1. Brick's EstateNew York Surrogate's Court · 1862
  2. Payne v. BurdetteMissouri Court of Appeals · 1900
  3. Hempel v. HempelWisconsin Supreme Court · 1921
  4. Cowan v. BeanWisconsin Supreme Court · 1914
  5. Farr v. SabyWisconsin Supreme Court · 1919

3Cited by15 opinions

  1. Davis Ex Rel. Davis v. JohnsonNorth Dakota Supreme Court · 1960
  2. Hoadley v. HoadleyNew York Court of Appeals · 1927
  3. Johnson v. JohnsonSupreme Court of Minnesota · 1943
  4. Wells v. TalhamWisconsin Supreme Court · 1923
  5. Robertson v. RothSupreme Court of Minnesota · 1925

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