169 S.E. 172 | W. Va. | 1933
Lead Opinion
W. H. McManus died as the result of an injury received in the course of his employment by Anchor Coal Company. Compensation was denied his nominal wife, his two children by her and a step-child, on the ground that his marriage was void.
The undisputed facts are that W. H. McManus and Bertha L. Turnbull went through a regular form of marriage in the *567 State of Ohio on September 29, 1923. That was just three days after she had obtained an absolute divorce from her former husband, William Turnbull, in Kanawha County, West Virginia. The divorce decree contained the statutory inhibition against re-marriage for a period of six months. Two children, Milton and William, now aged nine and seven, respectively, were born of the second union. Ida May, a child of the former marriage, aged thirteen, lived with them.
Under Code 1931, 48-2-22, and Hall v. Baylous,
The ruling of the commissioner is affirmed in part and reversed in part and the case remanded.
Reversed in part; affirmed in part; remanded.
Dissenting Opinion
I do not subscribe to the doctrine of Hall v. Baylous,