Barnett v. Harshbarger

Elliott, J. —

There is evidence that the appellee’s intestate received money from the appellant in 1868, and it is not disputed that she and John Barnett, the intestate, were married in 1863; nor is it denied that she continued to be his wife until his death, in the summer of 1884. Upon the close of the evidence the trial court instructed the jury to find for the appellee.

The appellant contends that the act of April 16th, 1881, entitled “An act concerning husband and wife,” contravenes the provisions of the Constitution, and is void. The ground upon which this contention proceeds is, that the…