Wisconsin Supreme Court, 1893

State v. Cone

Wisconsin Supreme Court · Decided November 28, 1893 · Winslow

86 Wis. 498; 57 N.W. 50; 1893 Wisc. LEXIS 200

Cases that cite this one

9 later published cases cite this decision.

State v. Richards (Minn. 1928)
Lyannes v. Lyannes (Wis. 1920)
Garner v. State (Ala. Ct. App. 1913)
In re the Estate of Gregorson (Cal. 1911)
Coggeshall v. City of Des Moines (Iowa 1908)
State ex rel. Scott v. Lowell (Minn. 1899)
AGOUDEMOS (Board of Immigration Appeals 1964)
Ernst v. Ricketts (Cal. Ct. App. 1938)
Boehm v. Rohlfs (Iowa 1937)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

"WiNslow, J.

The question is, Was the first marriage void or voidable only? If void, then there was no bigamy; if *500voidable only by the decree of a court of competent jurisdiction, then there was a marriage subsisting until such decree was rendered, albeit an imperfect one. Speaking of such a marriage, it was said by this court in the case of Eliot v. Eliot, 77 Wis. 634: “ This marriage is not an absolute nullity. It is only annulled from such time as shall be fixed by the judgment of the court. R. S. sec. 2350.1 That time may, and in many contingencies should, be fixed at a later date than that of the marriage. During the time intervening the marriage is valid.” This language was used advisedly, and is supported by the great weight of authority. We see no reason for departing from it now. Beggs v. State, 55 Ala. 108, and authorities cited. The case of Shafher v. State, 20 Ohio, 1, is an authority to the contrary, but we do not deem it well supported either in reason or authority. It follows that the question submitted must be answered in the affirmative.

By the Court.— Question answered in the affirmative.

R S. seo. 2350, provides that when either party to a marriage, for want of age or understanding, shall be incapable of assenting thereto, or when the consent of either party shall have been obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation, “ the marriage shall be void from such time as shall be fixed by the judgment of a court of competent authority declaring the nullity thereof.” - Rep.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.