AN INVALID MARRIAGE

Dominion, Volume 13, Issue 34, 4 November 1919, Page 8

AN INVALID MARRIAGE

v AND AN ORDER FOR PAYMENT OF i INTEREST. , 1 By Teleeraoh—Press Anioolatlon. 1 Dunedin, November 3. An unusual ease was recently heard at I Oamaru before Mr. Justice Sim. It was an action brought by Williamiiia Carson against Thomas Henry Fox to \ upset nn order mad? under the Family , Protection Act in .1917 by Mr. Justice ; Stringer, in which interest on certain '. money was ordered to bo paid to Fox as widower of Isabella Fox. The i facts showed that'lsabella Fox was three i (hues married, and that at the time of . her third marriage her.second husband, i one Waters, was alive. It was, therei foro, argued that Fox, nt the death of r Isabella, Vox, was not her lawful Imst bond. i In his judgment to-day Mr. Justice ?. Sim held the mnrriage with Waters to i havo been valid and tho marriage with r defendant invalid. I It was contended on behalf of plain- - tiff that if defendant was not the hus|f band of the testatrix, She order of 1.017 ;.- was made without jurisdiction, and was e a mere nullity, tl"'. when the ease was . previously heard, the question had been v raised as to tho Mntus of defendant, Hie . Court would have had to determine t whether or not lie was in fact the hus- . band of the testatrix. No such oucs- , linn was raised, and it was assumed by - all parties that defendant was iu fact i the husband of the testatrix. An order i was made on that basis,_ and must be - treated ns involving adjudication byconsent that defendant was the husband of '. testatrix. His Honour 1 bought the order could not be treated ns having I been mnde without jurisdistion. Judgment would bo (or defendant,