Johns v. Johns
Texas Supreme Court
Appeal from Rockwall. Tried below before the Hon. M. H. Bonner. Johnson Johns, the appellant, brought suit against Mary Ann John's, (both persons of color,) alleging that he had been married to the defendant under peculiar circumstances, and praying that the marriage be declared “ null and void, ab initio .” His petition alleges that the said Mary Ann, “on the 8th day of June, 1874, went before a justice of the peace, and not having the fear of God before her eyes, and being…
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Appeal from Rockwall. Tried below before the Hon. M. H. Bonner. Johnson Johns, the appellant, brought suit against Mary Ann John's, (both persons of color,) alleging that he had been married to the defendant under peculiar circumstances, and praying that the marriage be declared “ null and void, ab initio .” His petition alleges that the said Mary Ann, “on the 8th day of June, 1874, went before a justice of the peace, and not having the fear of God before her eyes, and being moved and instigated by the devil, willfully and maliciously did falsely make an affidavit in effect that petitioner…
1Opinion of the Court
Reeves, Associate Justice.
We are of the opinion that the court did not err in sustaining the defendant’s exceptions to the plaintiff’s petition.
Appellant admits the marriage, but alleges in his original petition that his consent was obtained by force and undue influence. He complains that the appellee caused him to be arrested on a warrant charging him with having seduced her, and that the marriage was against his free will and accord; that the sheriff", after making the arrest, took him to the office of a justice of the peace, and appellant being ignorant of the laws of the county appealed…
2Cases cited1 opinion
- Robertson v. ColeTexas Supreme Court · 1854
3Cited by9 opinions
- Griffin v. GriffinSupreme Court of Georgia · 1908
- Marckley v. MarckleyCourt of Appeals of Texas · 1945
- Garcia v. GarciaCourt of Appeals of Texas · 1940
- States v. StatesNew Jersey Court of Chancery · 1883
- Gass v. GassCourt of Appeals of Texas · 1916
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