The National tribune., 1906-02-15
PENSION DECISIONS.
Service - Militia - Pennsylvania See.
1893, Il. =.

Service - Militia - Pennsylvania - See.
1893, Il. &.
member of the State militia called
out and accepted into the United STATES
service by the President is pensionabIe
under the first subdivision of Sec. 1888
of the Revised Statute for disability
incurred while actually serving the
United States in pursuance OF such. or
ders from the President. but not other
wise. (55. 12S'05.)
Marriage - Divorce - Indiana - Notice.
NOn-Residents - .yurisIiictiHn - Decree
of Nulifty-ReOpening.
Under the Indiana statutes where di-
vorce is obtained upon constructive no.
tice by publication. the libeIlant is in
hibited from remarrying within two
years. A marriage in disregard of this
inhibition is unlawful, but not void un
less within two years the divorce pro-
ceedings are opened upon application
of the nonresident lihellee. 1t is void
abe, however. at the instance of the
innocent party thereto, and when thus
nullified by the decree Of a court of
competent Jurisdiction III said State in
a suit inter parties, said decree is con-
elusive as to said party's status in
claims before the Bureau of Pensions,
provided the decree was not obtained
through fraud for the purpose of affect
ing pensionable rights.
Claimant was pensiOncd as the widow
of A, and was dropped from rolls on
account of her remarriage to Il. in In
diana in 1894. Il. had 4 living undi-
vorced wife, upon learning which claim
ant ceased to live with him. He there
fore procured a divorce from his wife
upon constructive notice, bringing him
within the statutory inhibition above
referred to. In disregard thereof he
remarked claimant in said State in 1898.
and lived with her about two years
when they again separated. IN 1901
she applied for and secured decree
of nullity as to both marriages. out of
the Circuit Court of Hancock County.
Ind. Said decree shows all the essential
jurisdictional facts, and there is no evil
dence of its procurement through fraud
to affect pensionable rights. Held:
Claimants status il that of the widow
of A., and she is accordingly entitled to
restoration. Csc. 12-12-'05.)
Bounty Land-act Of March ., 1853.
Observation-Disclosures 2430, Revised
Statutes.
Under the Act of March 3. 1855.
minors who were such on the date of
the passage Of that act are entitled to
bOunty-land warrant. irrespective Of
their ages at the date of their fathers
death. (57. 12-l2-05.)
Marriage - Indian Territory-Okinhoma
Territory - Nebraska Impcdiment.
Evidence-Record.
Claimant and soldier were ceremon-
tally married in the Indian Territory in
1880 at a time when ne had a living un-
divorced wife. who died prior to the
time of his decease. Claimant and SOL
dier were cohabiting in what is now
Oklahoma Territory 81 the time of the
organization Of its Territorial form of
Government under the provisions of the
, Act of May 2. 1890. and the right to
! pension accrued therein.
!. BY said act the laws OF the State
| OF Nebraska concerning marriage were
| in force until the date of the adjourn
ment of the First Territorial LegisIa-
ture. Dec. "a, 1890.
2. According to the laws of said State
marriage is Il social status and it NAV
be formally established by the mutual
consent of parties legally capacitated
| Said consent may be expressed by con
duct as effectively as by words, and
proof of the conduct is proof Of the
consent. Following University of Mich.
iSan vs.. McGuckin GA Neb.. 300).
3. Upon the removal of an impedi.
ment whereby capacity to marry is ac
quired. the fact that the original rela.
ton of the parties was meretricious i:
immaterial so long as there be evidence
|
when both were free to contract
4. The record in this case being de
ficient on material points, the case i.
remanded for further evidence as I,
exact date of death of the first wife
and as to the conduct of parties sub
sequent thereto. (58. 12-12505.)
Service - Discharge - Honorable Dis
chnrge-Substitute Fraud.
II Claimant enlisted in the United State!
Army Aug. 81, 1864; served severa
months and returned to his home. Hi.
brother, by collusion with the Captain
of the company, was substituted fol
him, answered to his name and wa.
mustered out in his stead on June 80
1855. The ordinary certificate of dis
charge was issued in the name of claim
ant The record fails to show his abb
sence, but recites that he with his regi
ment was mustered out as aforesaid
4 1t is held:
II l. That "muster-out." 1. e., forma
discharge, is not an essential part OF
an honorable discharge, and is not 6
prerequisite to title under the Act o.
June 27, 1890.
q That claimant, his brother and the