Scott v. Shufeldt
New York Court of Chancery
The bill in this case was filed for the purpose of annulling a marriage contract, on the ground that the consent of the husband to such marriage was obtained by fraud, force and coercion.
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The bill in this case was filed for the purpose of annulling a marriage contract, on the ground that the consent of the husband to such marriage was obtained by fraud, force and coercion. The bill alleged that the complainant had occasionally visited the defendant, and that she afterwards made oath before a magistrate that she had been delivered of a bastard child, and that the complainant" was the father of such -child ; that the complainant was thereupon arrested upon a warrant, and was required to give bail as the putative father of such bastard; and believing it to be a white child, and…
1Opinion of the Court
The Chancellor.
There is nothing in this case which
can authorize the court to declare the marriage contract void on account of force or coercion. Although the statute authorizes the court to annul a marriage when the consent of the complainant was obtained by force, it never was intended to apply to a case where the putative father of a bastard elects to marry the mother, instead of contesting the fact, sworn to by her, that be is the father of the child. There is no pretence in this case that the magistrate, who issued the warrant, upon which the complainant was arrested, was not acting in…
2Cited by27 opinions
- Smith v. SmithMassachusetts Supreme Judicial Court · 1898
- Wimbrough v. WimbroughCourt of Appeals of Maryland · 1915
- Tefft v. TefftIndiana Supreme Court · 1871
- di Lorenzo v. di LorenzoAppellate Division of the Supreme Court of the State of New York · 1902
- Castellar v. SimmonsTennessee Supreme Court · 1853
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