HOMAN v. HOMAN

No. 36399.

147 N.W.2d 630 (1967)

181 Neb. 259

William P. HOMAN, Legal Guardian and next friend of Eugene J. Homan, Incompetent, Appellant, v. Lucille HOMAN, Appellee.

Supreme Court of Nebraska.

January 6, 1967.


Attorney(s) appearing for the Case

Jack L. Spence, Omaha, for appellant.

Martin A. Cannon, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


BOSLAUGH, Justice.

This is an action to annul a marriage between Eugene J. Homan and Lucille Homan, the defendant. Although the action is brought by a guardian and next friend, Eugene J. Homan will be referred to as the plaintiff. The trial court found that the marriage was valid and dismissed the action. The guardian has appealed.

The petition alleged that the ward was mentally incompetent at the time of the marriage. By statute a marriage is void "when either...

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