[529] The Nebraska law is peculiar in that, in addition to the general prohibition of marriage in six months, it especially forbids the defendant in error or appellee to marry again during the pendency of proceedings in error or on appeal under the penalties prescribed for bigamy: Laws of Neb. (1885), chap. 49, pp. 248, 249; Comp. Stat. of Neb. (1901), 582. See Codes and Stat. of Ore. (1902), I, 280, 296; Codes and Gen. Laws (1892), I, 458; being the same as act of Oct. 11, 1862: Organic and Other Gen. Laws of Ore., 1843-72, 211, 218; Ann. Codes and Stat. of Wash. (1897), II, 1599; Laws (1893), 225.
[530] Laws of N. D. (1901), 81, 82; Laws of Idaho (1908), 10, 11.
[531] Laws of Col. (1893), 240, 241; Mills, Ann. Stat. (1897), III, 441, 442.
[532] "But upon application of such divorced person, any court of record or presiding judge thereof, who granted the divorce, ... may authorize" marriage within the year: Acts of Wis. (1901), 369.
[533] Complete Codes and Stat. of Mont. (1895), 480.
[534] Stat. of S. D. (1899), II, 1025, 1028; Rev. Codes (1903), 602. This principle was adopted by the territorial assembly: Levissee, Ann. Codes (1884), II, 750. Except for a brief term in 1866, the earlier territorial laws allow entire freedom of remarriage: see act of Jan. 12, 1866: Laws, Memorials, and Resolutions (1865-66), 14, forbidding the guilty adulterer to remarry during the lifetime of the innocent spouse; but in the next year this was replaced by a new law allowing full liberty: Act of Jan. 10, 1867: Gen. Laws, Memorials, and Resolutions (1866-67), 45-52.
[535] U. S. Stat. at Large, XXXI, 408-10, 415.
[536] "Sec. 61. A subsequent marriage contracted by any person during the life of a former husband or wife ... , with any person other than such former husband or wife, is illegal and void from the beginning unless:
"1. the former marriage has been annulled or dissolved; provided, that in case it be dissolved, the decree of divorce must have been rendered and made at least one year prior to such subsequent marriage."—Act of Feb. 25: Stat. and Amend. to the Codes (1897), 34.
"Sec. 91. The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons."—Act of March 30, 1874: Amendments to the Codes (1873-74), 189; also in Deering, Codes and Stat. of Cal. (1886), II, 31; Pomeroy, Civil Code (1901), 44.