Park v. Barron
Supreme Court of Georgia
In Equity, in J ones Superior Court. Decision by Judge Hardeman, April Term, 1856. This bill was filed by the administrator of A. Barron for interpleader and direction, upon the following facts: James Barron intermarried and was divorced from his first wife, at her instance, he being the “guilty party.” He afterwards intermarried again, his first wife being still alive. By both, he had children.
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In Equity, in J ones Superior Court. Decision by Judge Hardeman, April Term, 1856. This bill was filed by the administrator of A. Barron for interpleader and direction, upon the following facts: James Barron intermarried and was divorced from his first wife, at her instance, he being the “guilty party.” He afterwards intermarried again, his first wife being still alive. By both, he had children. The issue of the first marriage claimed the whole estate, contending that the second marriage was void, and the issue thereof bastards. The Court held the children to be legitimate and entitled to…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
James Barron having been the party whose improper or criminal conduct authorized the divorce, was prohibited from *703marrying, by tbe Act of tbe General Assembly of 1806, during tbe life of the woman from whom he had -been divorced. (Cobb’s New Dig. 225.) By marrying the second time, the said party being in life, he subjected himself to the pains and penalties enacted against bigamy. (Id.) The second, marriage is not declared by that Act to be void; but whether it be void or not, the party offending against the provisions of the Statute was…
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