Legal Opinion

Judson v. Judson

Michigan Supreme Court

Decided March 12, 1907No. Docket No. 52PublishedCited by 14 opinions

Appeal from Wayne; Hosmer, J. Bill by Mary J. Judson against Henry C. Judson to affirm a common-law marriage. From a decree for complainant, defendant' appeals.

1Opinion of the CourtCarpenter, J.

This suit is brought, under section 8619 of the Compiled Laws of 1897, to procure a decree affirming a common-law marriage. Complainant affirms, and defendant denies, the existence of said marriage. The circuit court rendered a decre'e in favor of complainant. Defendant asks us to reverse that decree.

Was there a common-law marriage between these parties? The test is this: Did they presently agree to take each other for husband and wife, and live together *519in that relation? Hutchins v. Kimmell, 31 Mich. 126; Lorimer v. Lorimer, 124 Mich. 631. If we were to determine this issue merely from the…

2Cases cited2 opinions

  1. Hutchins v. KimmellMichigan Supreme Court · 1875
  2. Lorimer v. LorimerMichigan Supreme Court · 1900

3Cited by14 opinions

  1. People v. AdamsMichigan Supreme Court · 1910
  2. People v. SpencerMichigan Supreme Court · 1917
  3. In Re Meredith's EstateMichigan Supreme Court · 1937
  4. In re Fitzgibbons' EstateMichigan Supreme Court · 1910
  5. Griffin v. GriffinMichigan Supreme Court · 1923

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