Legal Opinion

Perkins v. Levy

Supreme Court of Georgia

Decided September 30, 1924No. 4029PublishedCited by 14 opinions

1Opinion of the Court

Per Cdriam.

'To constitute a valid marriage in this State, there must be parties able to contract. Civil Code, § 2930. A party to a previous marriage undissolved is a party unable to contract marriage. § 2931. A marriage by such a person is void; but the issue of such marriage, before it is annulled and declared void by a competent court, are legitimate. § 2935. Even where a party to a bigamous marriage is convicted of the offense of bigamy, “the issue of such marriage, born before the commencement of any prosecution for polygamy, . . shall, notwithstanding the invalidity of such marriage, be…

2Cases cited3 opinions

  1. Eubanks v. BanksSupreme Court of Georgia · 1866
  2. Irving v. IrvingSupreme Court of Georgia · 1921
  3. Curlew v. JonesSupreme Court of Georgia · 1917

3Cited by14 opinions

  1. Campbell v. AllenSupreme Court of Georgia · 1951
  2. Collins v. CollinsSupreme Court of Georgia · 1927
  3. Connor v. RainwaterSupreme Court of Georgia · 1946
  4. King v. KingSupreme Court of Georgia · 1962
  5. Hobby v. BurkeCourt of Appeals for the Fifth Circuit · 1955

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