fournier该案经过几审？各审结果如何？
本案所涉及的威斯康辛州的婚姻法与密歇根州的婚姻法最大的差别在哪儿？
法官在分析两州婚姻法时，是如何确定婚姻效力的，两州的婚姻法究竟如何适用的？
在分析婚姻法适用过程中，法官的分析逻辑是什么？
Lanham v. Lanham
136 Wis. 360, 117 N.W. 787 (1908)
Sarah A. Lanham appealed to the county court for support out of the estate of James W. Lanham, decead, as his widow. The application being denied, she appealed to the circuit court, where the application was granted, and Art Lanham and others, decedent’s heirs, appeal. Reverd and remanded.
The plaintiff applied to the county court of Monroe county for an allowance for her support out of the estate of James W. Lanham, decead, claiming that she was the widow of said decead. The application was contested, and denied in the county court; but on appeal that judgment was reverd,
and an allowance granted, and from this judgment the heirs of Lanham appeal. The facts are few and simple. On and prior to the 15th day of September, 1905, the plaintiff was a resident of this state and was the wife of one J. R. Sherman. On the day named she obtained a judgment of divorce from Mr. Sherman for the purpo of marrying the decead, who was then a resident of Wisconsin and a man 84 years of age. After the divorce both parties learned that the law of Wisconsin prohibited the plaintiff from marrying again until the expiration of one year from the divorce. For the purpo of avoiding the effect of the law, they went to Menomonee, Mich., October 10, 1905, and were there married by a justice of the peace, and returned to Wisconsin on the following day. They immediately assumed the relations of husband and wife, and lived and cohabited together in Monroe county until Lanham's death, March 13, 1907. On March 8, 1907, the plaintiff made application to the county judge of Monroe county for a permit to marry Lanham; but he was then very ill, and no ceremony was ever performed. The circuit court concluded that there was a valid common law marriage between the parties, resulting from their living and cohabiting together as man and wife after the expiration of one year from the date of the decree of divorce, and held that the plaintiff was the lawful widow of the decead and entitled to an allowance
WINSLOW, C.J. (after stating the facts as above).
barracks
reconciliationSection 2330, St. 1898, as amended by chapter 456, p. 785, Laws of 1905, provides, among other things, that
it shall not be lawful for any person divorced from the bonds of matrimony【名结婚、婚礼】by any court of this state to marry again within one year from the date of the entry【名登记】of such judgment or decree【名法令、判决】and the marriage of any divorced person solemnized【动举行】within one year from the date of the entry of any such judgment or decree of divorce shall be null and void.
对于被该州的任何法院判令离婚而脱离婚姻盟约的任何人，从裁判或者法令生效之日起一年内，再次结婚都应该是不合法的。或者，在（任何这样的）离婚裁判或者法令生效之日起一年内，任何离婚的人缔结婚姻的都应该是无效的。
A proviso to the ction authorizes the circuit judge to grant permission to the divorced parties to remarry within the year, but this is of no moment here. The first question is whether the Michigan marriage was valid, notwithstanding the provisions of this law.
根据某项附带条款规定，巡回法官准许离婚当事人在离婚一年内再婚，但这是前所未有的。不管本法的规定，首要问题是在密歇根州的婚姻是否是有效的。
The general rule of law unquestionably is that a marriage valid where it is celebrated is valid everywhere. To this rule, however, there are two general exceptions, which are equally well recognized namely: (l) Marriages which are deemed contrary to the law of nature as generally recognized by Christian civilized states; and (2) marriage which the lawmaking power of the forum has declared shall not be allowed validity on ponds of public policy. The first of the exceptions covers polygamous and incestuous marriages, and has no application here; and the question prented is whether the ca comes within the cond exception.
毋庸置疑，符合婚姻缔结地法律的婚姻均为有效，即是法律的一般规定，然而，具体到这条规则，存在两个同样是公认的例外情形：（1）基督教国家公认的违背自然法则的婚姻；（2）基于公共政策考虑，立法机关宣告无效的婚姻。在第一个例外情形中包括一夫多妻和乱伦的婚姻，但不适用于本案；问题是本案是否属于第二种例外情形。
A state undoubtedly has the power to declare what marriages between its own citizens shall not be recognized as valid in its courts, and it also has the power to declare that marriages between its own citizens contrary to its established public policy shall have no validity （没有法律效力）in its courts, even though they be celebrated in other states, under who laws they would ordinarily be valid.
一个州无疑有权规定在其法院地本州公民什么形式的婚姻不得被认为是有效的，并且也有权宣布本州公民的婚姻如果违反已有的公共秩序的话在其法院地没有法律效力，尽管夫妻双方在其他州缔结婚姻，依其他州的法律规定被认为是普遍有效的。
In this n, at least, it has power to give extraterritorial effect to its laws.
至少从这个意义上来说，它有权赋予本州法律域外效力。
The intention to give such effect must, however, be quite clear.
然而，赋予本州法律的域外效力规定必须是明确清楚的。
So the question must be, in the prent ca, whether our Legislature by the act quoted declared a public policy, and clearly indicated the intention that the law was to apply to its citizens wherever they may be at the time of their marriage.
在这个案例中，问题在于通过援引的法案我们的立法机关是否认定是一项公共秩序，并且清晰地表明在婚姻存续期间无论其公民身居何处法律当然适用于本州的公民。
To our minds there can be no doubt that the law was intended to express a public policy.
对我们来说，毫无疑问，法律是为了表明公共政策。
There have been many laws in other states providing that the guilty party in a divorce action shall not remarry for a term of years, or for life, and the laws have generally been regarded merely as intended to regulate the conduct of the divorced party（离婚的一方）within the state, and not as intended to follow him to another jurisdiction and prevent a marriage which be lawful there; in other words, they impo a penalty （处以罚款）local only in its effect.
有很多其他州的法律规定离婚诉讼中的过错方在规定的年限内甚至终身不得再婚。这些法律
通常被认为只是为了规范离婚的一方在本州的行为，而不是为了对他行使属人管辖权，使其在另一辖区无效；换句话说，他们仅是在当地法律效力内施以罚款。
Under this construction（解释）the remarriage of such guilty party in another state has generally been held valid, notwithstanding the prohibition of the
基于上述的解释，过错方在另一个州再婚的效力普遍有效，尽管当地法规明令禁止。
It is very clear, however, that the statute under consideration is in no n a penal law. It impos a restriction upon the remarriage of both parties, whether innocent or guilty.
日译汉然而，很明显，所考量的法律作为惩罚法是毫无意义的。无论是过错方还是无过错方，法律强行限制双方当事人再婚。
slutUpon no reasonable pound can this general restriction （一般限制）be explained, except upon the ground that the Legislature deemed that it was against public policy and good morals that divorced persons should be at liberty to immediately contract new marriages.
这种一般限制性条款的解释（似乎）毫无合理基础，除非存在着立法机关认为离婚的当事人得以自由即刻订立新的婚约，违背了公共政策和良好道德的根据。
The inference is unmistakable （显而易见）that the sacredness of marriage and the stability of the marriage lie at the very foundation of Christian civilization and social order that divorce, while at times necessary, should not be made easy, nor should inducement be held out to procure it;
这个推断是显而易见的，婚姻的神圣性和婚姻的稳定性倚赖于基督教文明和社会秩序，尽管有时候不可避免，但离婚不应该如此随性，我们也不应该主张任何可以实现离婚的诱因。that one of the frequent caus of marital disagreement and divorce actions is the desire on the part of one of the parties to many another;
婚姻分歧和离婚诉讼的常见原因之一就是一方当事人对第三方见异思迁
ancient是什么意思
that if there be liberty to immediately remarry an inducement is thus offered to tho who have become tired of one union, not only to become faithless to their marriage vows, but to collusively 【形共谋地，串通地】procure the verance【名分离，断绝】of that union under the forms of law for the purpo of 【为了】experimenting with another partner, and perhaps yet another, thus accomplishing what may be called progressive polygamy; and, finally, that this means destruction of the home and debament of public morals.
如果闪婚是自由、不受限制的，这就为那些已经厌倦自己伴侣的人提供了借口，这样不仅会导致他们背弃自己的婚姻誓言，更会让他们在合法的基础上企图分裂婚姻来尝试与他人结成伴侣，或者与实现所谓的并且日益增多的“一夫多妻制”，并且，这意味着破坏家庭和公共道德的贬质
In a word, the intent of the law plainly is to remove one of the most frequent inducing caus for the bringing of divorce actions.
总之，法律的目的显然是避免一个最常见的诱发离婚诉讼的原因。
This means a declaration of public policy, or it means nothing. It means that the Legislature regarded frequent and easy divorce as against good morals, and that it propod, not to punish the guilty party, but to remove an inducement to frequent divorce.
这意味着对公共秩序的规定，或者没有任何寓意。立法机关认为闪离是对良好道德风尚的违背，并且，它并不是意图去惩罚过错方，而是为了避免导致频繁离婚的诱因。
日文翻译
To say that the Legislature intended such a law to apply only while the parties are within the boundaries of the state, and that it contemplated【动对...考虑再三】that by crossing the state line its citizens could successfully nullify its terms【名条款】, is to make the act esntially uless and impotent【形无效的】, and ascribe practical imbecility【名愚蠢的行为】to the lawmaking
power.
要说立法机关打算仅仅适用双方当事人在本州内时的法律，以及立法机关能够考虑到通过跨州它的市民就能够成功地使其法律条款无效的话，该法案必然是实质上无效、毫无用处的，并且这将归因于立法权在实践中的无效。
A construction which produces such an effect should not be given it, unless the terms of the act make it necessary.
导致这样的影响的法律解释不应该成立，除非法案的条款有必要这样进行法律解释。
The prohibitory terms are broad and sweeping【形彻底的】: they declare, not only that it shall be un
lawful for divorced persons to marry again within the year, but that any such marriage shall be null and void.
中秋节英语这种禁止性条款是广泛、彻底地进行运用的。他们不仅仅宣告的是离婚人士在一年之内再婚的行为不合法，而且宣告了任何这样的婚姻将是无效的。
There is no limitation as to the place of the pretended marriage in express【形专门的，明确的】terms, nor is language ud from which such a limitation can naturally be implied.
在明确的法律条款中，关于虚伪婚姻的地点是没有限制的。这种限制也并不是自然而然地隐含在我们所利用的法律语言中。
It ems unquestionably intended to control the conduct of the residents of the state, whether they be within or outside of its boundaries.
毫无疑问，立法机关意向于规范其州的居民的行为，不管他们在本州内或者在本州外。Such being【既然如此】, in our opinion, the evident and clearly expresd intent of the Legislature, we hold that when persons domiciled【动居住】in this state, and who are subject to the provisions of the law, leave the state for the purpo of evading tho provisions, and go through the ceremony of ma
rriage in another state, and return to their domicile, such pretended marriage is within the provisions of the law, and will not be recognized by the courts of this state.
既然如此，依据我们的观点，我们认为立法机关的显而易见、明确表达的目的在于，当居住在州内时，这些需要服从于法律的禁止性条款的居民，为了规避法律的目的离开该州，在另一个州缔结婚姻，然后返回他们的住所地的这种虚假婚姻符合法律禁止性规定，不应该被该州的法院所认可。
Further than this we are not required
Another view of the question, leading to the same result, has been suggested to our minds, which will be stated.
我们认为，接下来将从另一个视野陈述先前的问题，同样能够得出相同的结论。
The statute cited is an integral part of the divorce law of this state, and in legal effect enters into every judgment of divorce.
lafee
这条引用的法令构成了该州离婚法中的必不可少的部分，并且从法律效力上能够适用于每一起离婚判决。
This being so, must not any judgment of divorce be construed 【动分析、解释】as containing an inhibition【名禁止】upon the parties, rendering them incapable of legal marriage within a year, which must be given "full faith and credit" in all other states, under ction l, art. 4, of the Constitution of the United States?
正是这样，基于美国宪法第一章第四款的规定（关于其他任何一个州的事务，我们需要给予充分的信任和支持），我们必须这样对离婚判决进行诠释，它包含了致使当事人之间在一年之内的法定婚姻无效的禁止性规定，难道不是吗？
And if it be entitled to【有资格的】receive such faith and credit, how can a marriage within another state be considered valid anywhere?
如果这种婚姻能够有资格得到这样的信任和支持，那么在另一个州的婚姻能够确保被认为在任何一个地方都有效呢？
Are not the parties incapable of contracting such a marriage anywhere, for the reason that they have not yet been relieved of their incapacity to marry another, resulting from their former marriage, or in other words, for the reason that their divorce is not complete until the expiration 【名终结、届满】of the year?
起因于他们之前的婚姻，并且由于他们至今还没有解除能够再婚的无资格状态，当事人不能够在任何地方缔结婚姻。换句话说，是因为直到一年届满他们的离婚契约才成立，难道不是吗？
We suggest the questions, without definitely expressing an opinion upon them or making them a ground of decision.
我们认为这些问题，不能够明确表达出一种观点或者得出综合性结论。
The Michigan marriage being held void, the question recurs whether the finding【名裁决】that there was a common law marriage【普通法婚姻】, resulting from【起因于】the fact that the parties lived and cohabited together as man and wife for about six months, can be sustained.
密歇根州的婚姻被认定为无效，同时由于双方当事人以夫妻名义共同居住在一起将近六个月的事实，根据普通法婚姻做出的裁决是否能够得到维持的问题又出现了。
This must be answered in the negative.
这当然会得到否定的答复。
This court has held that, whereas cohabitation is illegal in its inception【名起初，获得学位】, the rel
ation between the parties will not be transformed into marriage by evidence of continued cohabitation, or by any evidence which falls short of【缺乏】establishing【动证实】either directly or circumstantially【副依照情况地】the fact of an actual contract of marriage after the bar has
法院认为，鉴于起初该同居行为是不合法的，即使依据持续同居的事实，或者依据在障碍已经被消除后本身缺乏直接或间接证实事实婚约的任何证据，当事人之间的关系也不将转化为婚姻关系。
There was no such evidence here.
并且这儿也不存在这样的证据。
At most the evidence only shows that the parties continued to live together after the expiration of the year in the manner of husband and wife, and talked about a remarriage, which never took place on account of the husband's illness and death.
至多这一证据仅仅表明了当事人在一年期限届满后以夫妻名义持续生活在一起，以及由于丈夫的疾病以及死亡当事人所谈及的再婚问题从未发生过这一事实。
The evidence in fact rebuts【动反驳】any inference of remarriage, rather than supports it.形象设计师培训
事实上，这一份证据反驳了当事人之间任何再婚的推断，而不是支持了这一推断。Judgment reverd, and action remanded to the circuit court, with directions to affirm the judgment of the county court.
撤销判决，支持县法院判决，发回巡回法院重审。
SIEBECKER, J., disnts.
