The National tribune., 1907-07-25
PENSION iIEgISlONS.
naAs .u
Marriage - Illinois LII,ti, ,cdimcnt-Pro-
bate OBSERVATION-DISCLOSURES - Evil
t,cnCc. sH

Marriage Illinois IIIttip si!imeDt-Pro-
bate E'indfffss-Dccree - Evil
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The soldier, s. was formally married
u ore H, in the state OF Tennessee, or
the 18TH day of ApElL sdS77, and pricr
70 the soldiers dfatnJ said marriage
vas not dissolved bYd dRorce or other
wise. r,-,.,nr
Soldier in the sta&fa q = Illinois, on the
9Th day of October, tSS6. entered into
a contract of marriage With one II, the
mother of the n'inq: Claimants herein.
Held: ~
/ In the state of fdniaois q marriage
contracted during tRe- subsistence of 3
prior marriage is absolutely void with
out any decree of court.
,. In Illinois the finding of a County
Probate Court administering dece-
dents estate as to an issue of marriage
raised therein is in that State only
prima facie evidence as to such mar
riagc collateraIly or against parties not
served with process in that proceeding
and is also in n pension claim. when
not secured thru fraud for the purposn
of procuring pension, only prima facie
evidence as to such marriage, subject
to be overcome by convincing and con-
elusive proof to the contrary Of the fact
found by such decree as to such mar
riage. (4S. 2-2S-'07)
Line of Duty-Origin-Insani
logical Sequence.
The claimant became insane while in
service within a few months after en-
listment and was discharged on sur
geon's certificate of disability. He al
legged that his insanity resulted from
sunstroke There is no evidence that
he suffered from sunstroke or heat pros
tration while in service.
was not incident to his military service
in the line of duty. but was evidently
due to causes operating prior to his en-
listment. (51. 3-9-07.)
Marriage Divorce - Michigan Col
lateral Aftnck-Fraud-FuiI Faith and
Credit-Decrce.
Soldier in 1881. in a Michigan court,
thru fraud depriving appellant of de-
fenSe. obtained q divorce from her. He
subsequently remarked. was divorced
from his second wife and died. After
his death appellant applied to the court
for an order vacating said decree. In
her petition she sets up her title to GER
tain real estate left by the soldier, and
his heirs at law as well as the admins
traitor of his estate joined in the action.
The court held that the divorce was
fraudulent and void, and declared
claimant to be the widow of the soldier.
A decree of divorce fraudulently OBJ
tanned in Michigan may be set aside
after the remarriage or after the death
of one of the parties thereto, but the
proceeding instituted after the death Of
the patry guilty of the alleged fraud
must be one involving property rights
and in which all parties in interest are
summoned. The vacating decree in this
case having been obtained in conform
ity with the law of Michigan is enforce
able there and is entitled to full faith
and credit here. Claimant is therefore
the widow of the soldie7.
Independent of the effect of said de-
cree a judgment ofidiyprce is subject
to collateral attack ina pension claim
in those cases wheresit was obtained by
palpable fraud affectingthe courts ju-
(52. 3f3-'07.)
Marriage - Divorcer- Michigan De-
observation-disclosures
Claimant obtained] a. divorce from
soldier in Michigan In 1891. After his
death she filed a petition in Michigan
court for the vacaG3n iof said decree,
denying the jurisdiction of the court
it over the defendant, The
petition was not new action, but in
the original divorce proceeding, and no
property rights were involved nor par
ties summoned. HEIDI.
l. Under the rule in Zoellner Vs.
Loellner CAS- Mich.a.511} suit for di-
yorce terminates. upon the death of one
of the parties thereto, the res of the
action, the marital status, no longer
existing. The validity of the. decree can
only be questioned thereafter in a pro-
ceedng involving property rights
whereto all parties in interest are sum
moned. The recent vacating decree is
not such decree, and is not entitled to
here.
2. a party VINO obtains divorce and
accepts its benefits cannot afterward
question the jurisdiction of the court
granting it. Appellant is therefore
from impeaching the decree of
livorce by her obtained, on the ground
hat the court had not properly acquir-
I'd jurisdiction over the defendant. (53
5-13-'07D
MISUNDERSTANDING Claim - DeeInrn-
.ion Filed After Death.
The soldier executed an application
or pension in 1877, but the same was
Tot received or filed in the Pension Bu-
eau until four days after his death.
1t is held that the soldiers claim for
pension died with him; that inasmuch
Is the claim was not actually filed prior
o his death it was not pending, and no
light Hereunder was conferred upon
he widow.
The receipt of proper and valid ap-
)lication in the Pension Bureau consti-
utes the filing thereof as contemplated
n the laws and regula tions relating to
There can be no "construc-
i've" filing of claim prior to the actual
late it is received at the Pension Ru-
eau. (54. 3-1S-'07.)
'ervice-Act of Feb. O, I9O5-3d u. y.
Inf.-Servicc In the Late War.
Soldiers serving in the 1st, I'd, Sd, 4th, |
,th and 9Th regiments. United States |
nf., who enlisted for frontier service" |
1t a time when the civil war was in |
,rogress and whose service was in fact |
oniincd to frontier service, in no way
with the suppression of the |
ebel!ion of the Southern States, did not
serve lin the civil war" or
during the late civil war; or war of
he rebellion within the meaning of |
he acts of Feb. 6. 1907, or June 21, !
$50. (55. 3-27-'07.)
Reunion of the 23d Ohio.
The 23d Ohio will hold its 39th An
lual Reunion at Euclid Beach Park.
'leveland, o., on Wednesday, Aug %
g0I The "Old -IOy "a hin" hac haa,