Louis Brandeis

“ Apparently, it is the law of the District that a remarriage elsewhere in disregard of the prohibition of section 966, even where both parties remained domiciled in the District, is not void ab initio, but, at most, voidable; and that a voidable marriage cannot be annulled after the death of either spouse. ”

“ Since, as matter of substantive law, the plaintiff is entitled to dower in property within the District, if the marriage in Florida was valid, and its validity was assumed by the Court of Appeals, we have no occasion to consider whether the decree in the Virginia divorce proceedings made that matter res judicata.
Fourth. The relief sought by the bill includes, besides dower rights, a claim under the Virginia decree for the alimony which had accrued and remained unpaid at the time of Daniel's death. The right to recover the alimony is independent of the right to dower. ”

“ The wrong done is a thing of the past and is collateral. By the long line of cases following Connolly v. Union Sewer Pipe Co., 184 U.S. 540, 22 S.Ct. 431, 46 L.Ed. 679, it is settled that illegality constitutes no defense when merely collateral to the cause of action sued on. A 'person does not become an out-law and lose all rights by doing an illegal act.' National Bank & Loan Co. ”