Legal Opinion

Barber v. Barber

California Supreme Court

Decided July 1, 1860PublishedCited by 9 opinions

Appeal from the Sixth District.

1Opinion of the CourtField, C. J.

Cope, J. concurring.

This is an action of divorce, on the ground of the adultery of the wife. The Court decreed the dissolution of the marriage contract between the parties, with a provision declaring that it should not be lawful for the defendant to marry again durhig the life of her husband, and proMbiting her from so domg. It is from tliis provision of the decree that the appeal is taken.

The decree must be modified in tMs particular. There is no authority in the Court to impose any restraint upon a second marriage, where a dissolution from the bonds of matrimony is adjudged. With the…

2Cases cited1 opinion

  1. People v. HoveyNew York Supreme Court · 1849

3Cited by9 opinions

  1. Durland v. DurlandSupreme Court of Kansas · 1903
  2. Baughman v. BaughmanSupreme Court of Kansas · 1884
  3. O'Melia v. AdkinsCalifornia Court of Appeal · 1946
  4. Willey v. WilleyWashington Supreme Court · 1900
  5. Musick v. MusickSupreme Court of Virginia · 1891

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