Bombard v. Bombard

Within a few months after her marriage to the defendant in 1930, the plaintiff learned that her husband was still married to another woman. Nevertheless, she continued to live with him for several years as his wife. In the meantime, wife number one obtained a decree of divorce. The plaintiff seeks in the present action to have declared void her own marriage to the defendant.

The marriage of a man and woman, where either has by a prior marriage a spouse, who is then living and undivorced, is void and not merely voidable. Swift’s Digest, p. 19; Hunt vs. Hunt, 252 Ill. App. 490. While there is…