Houpt v. Houpt
Ohio Supreme Court
Beeore Judges Hitchcock and Wright, in Morgan, 1832. Application for divorce on the ground the defendant had a former wife living at his intermarriage with the complainant. Evi- ■ dence was offered to prove the former marriage by cohabitation and reputation. <•
1Opinion of the Court
By the Court:
Section 4 of the divorce act, 29 Ohio L. 432, authorizes the court, in its discretion, to admit proof of cohabitation and reputation as-evidence of the marriage of the parties. We understand the marriage referred to here, which, in our discretion, may be proved by *494reputation, etc., to be the marriage of the parties to the suit, sought to be dissolved. *The evidence now offered we have no authority to receive. The discretion vested in us in the case provided for should not be exercised to admit the reputation proof without some reason is shown to excuse the production of better…
2Cited by2 opinions
- Leibrock v. LeibrockButler County Court of Common Pleas · 1952
- Bates v. StateAllen Circuit Court · 1906