Glass v. Glass
Massachusetts Supreme Judicial Court
Libel for a sentence of nullity of marriage, on the ground that the libellee had another husband living at the time of the marriage.
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Libel for a sentence of nullity of marriage, on the ground that the libellee had another husband living at the time of the marriage. At the hearing, before Wells, J., the testimony for the libellant tended to show that the libellee was married to William Hepburn, in the city of New York, August 28, 1854, she and Hepburn having shortly before come to this country from Perth, in Scotland, where each had parents and other relations living; that Hepburn and she lived together as man and wife in New York City for about two months, when he shipped for a whaling voyage; that he left her without…
1Opinion of the CourtGray, C. J.
By the Gen. Sts. c. 106, § 4, “ all marriages contracted while either of the parties has a former wife or husband living, except as is provided in chapter one hundred and seven, shall be void.” By c. 107, § 1, all marriages solemnized in this state, which are prohibited by law on account of either party having a former wife or husband then living, “ shall be void without any decree of divorce or other legal process.” By § 4, when a marriage is supposed to be void, or the validity thereof is doubted, for any cause, either party may file a libel for annulling the same, and upon proof of any…
2Cases cited4 opinions
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Williamson v. ParisienNew York Court of Chancery · 1815
- Kenley v. KenleySupreme Court of Pennsylvania · 1797
- Janes v. JanesIndiana Supreme Court · 1839
3Cited by17 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Simpson v. SimpsonSupreme Court of Virginia · 1934
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