Minimum age; affliction with venereal disease, disqualification.

  1. Law
  2. Nebraska Revised Statutes
  3. Households and Families
  4. Minimum age; affliction with venereal disease, disqualification.

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42-102. Minimum age; affliction with venereal disease, disqualification.

At the time of the marriage the male must be of the age of seventeen years or upward, and the female of the age of seventeen years or upward. No person who is afflicted with a venereal disease shall marry in this state.

Source

  • R.S.1866, c. 34, § 2, p. 254;
  • R.S.1913, § 1541;
  • C.S.1922, § 1490;
  • Laws 1923, c. 40, § 1, p. 154;
  • C.S.1929, § 42-102;
  • R.S.1943, § 42-102;
  • Laws 1963, c. 242, § 1, p. 735;
  • Laws 1965, c. 230, § 1, p. 673;
  • Laws 1971, LB 728, § 1;
  • Laws 1978, LB 165, § 1.

Cross References

  • Marriage ends person's minority, see section 43-2101.

Annotations

  • Marriage of one afflicted with venereal disease is not void but voidable. Christensen v. Christensen, 144 Neb. 763, 14 N.W.2d 613 (1944).

  • Where party afflicted with venereal disease enters into marriage with full knowledge thereof, such party is barred from seeking annulment. Christensen v. Christensen, 144 Neb. 763, 14 N.W.2d 613 (1944).

  • If parties are of the age of consent, the marriage is valid, even though license was wrongfully obtained. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).

  • Prior to 1923, marriage was valid even if there was no license. Melcher v. Melcher, 102 Neb. 790, 169 N.W. 720 (1918).

  • Father of minor who brings suit to annul marriage of son under age is not liable for child support. Caulk v. Caulk, 91 Neb. 638, 136 N.W. 845 (1912).

  • Marriage of infant under age is voidable, but is valid until annulled by court. Willits v. Willits, 76 Neb. 228, 107 N.W. 379 (1906).


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