Lewis v. Lewis
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Hen-nepin county, where the action (brought to annul the marriage of the parties) was tried .by Lochren, J. The defendant was served by publication, etc., and did not appear in the action.
1Opinion of the CourtVanderburgh, J.
The statute in relation to divorces (Gen. St. 1878, c. 62, § 2) provides that “when either of the parties * * * for want of age or understanding, is incapable of assenting thereto, * * * the marriage shall be void from the time its nullity is declared by a court of competent authority.” Certain limitations are imposed by sections 4 and 5, as follows: “Nor shall the marriage of any insane person be adjudged void after his restoration to reason if* it appears that the parties freely cohabited together as husband and wife after such insane person was restored to a sound mind.” “Sec. 5. No…
2Cases cited3 opinions
- Leavitt v. LeavittMichigan Supreme Court · 1865
- In re the Will of BlakelyWisconsin Supreme Court · 1880
- Inhabitants of St. George v. City of BiddefordSupreme Judicial Court of Maine · 1885
3Cited by15 opinions
- Dunphy v. DunphyCalifornia Supreme Court · 1911
- Lyon v. LyonIllinois Supreme Court · 1907
- Hoadley v. HoadleyNew York Court of Appeals · 1927
- Wells v. TalhamWisconsin Supreme Court · 1923
- Baird v. BairdMontana Supreme Court · 1951
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