Commonwealth v. Lane
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 165, § 4, for polygamy. The indictment alleged that Joseph N. Lane, on April 24, 1866, at Salisbury, in the county of Essex, “ was lawfully married to one Emma P. Morrill, and the said Morrill then and there had for his lawful wife; and that the said Lane, afterwards, to wit,” on May 12, 1873, “ at Exeter, in the county of Rockingham, and State of New Hampshire, unlawfully did marry one Nellie A. Upham, and to the said Upham was then and there…
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Indictment on the Gen. Sts. c. 165, § 4, for polygamy. The indictment alleged that Joseph N. Lane, on April 24, 1866, at Salisbury, in the county of Essex, “ was lawfully married to one Emma P. Morrill, and the said Morrill then and there had for his lawful wife; and that the said Lane, afterwards, to wit,” on May 12, 1873, “ at Exeter, in the county of Rockingham, and State of New Hampshire, unlawfully did marry one Nellie A. Upham, and to the said Upham was then and there married, the said Lane being then and there a married man and the lawful husband of the said Morrill, and the said…
1Opinion of the CourtGray, C. J.
The report finds that the defendant was lawfully married to his first wife in this Commonwealth; that she obtained a divorce here from the bond of matrimony, for his adultery; that he was afterwards, while still a resident of this Commonwealth, married to a second wife in the State of New Hampshire, and cohabited with her in this Commonwealth, the first wife being still alive ; and the question is whether he is indictable for polygamy, under the Gen. Sts. c. 165, § 4.
It is provided by our statutes of divorce that, in cases of divorce from the bond of matrimony, the innocent party may marry…
2Cases cited3 opinions
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Wightman v. WightmanNew York Court of Chancery · 1820
3Cited by72 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Loughran v. LoughranSupreme Court of the United States · 1934
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
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