Flanagan v. Flanagan
Michigan Supreme Court
Certiorari to St. Clair; Vance, J. Bill by Charlotte Flanagan against Howard Flanagan for a divorce. Defendant was adjudged guilty of contempt in refusing to comply with an order for temporary alimony, and was committed to the county jail until such alimony should be paid. He brings certiorari.
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Certiorari to St. Clair; Vance, J. Bill by Charlotte Flanagan against Howard Flanagan for a divorce. Defendant was adjudged guilty of contempt in refusing to comply with an order for temporary alimony, and was committed to the county jail until such alimony should be paid. He brings certiorari. Charlotte Flanagan filed a bill for divorce from defendant December 16, 1896, in which she alleged that she was married to him September 22, 1885; that they lived together as husband and wife until December 3, 1896, when he deserted and abandoned her; that October 16, 1893, defendant informed her that…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Counsel for defendant claim that the bill itself shows that complainant is not his lawful wife, and insist that the case is within Clancy v. Clancy, 66 Mich. 202, Rose v. Rose, 67 Mich. 619, and Van Dusan v. Van Dusan, 97 Mich. 70.
In Clancy v. Clancy the relation of the parties was *187evidenced by a written agreement, which the court held not to constitute a marriage, but only a state of concubinage. In Rose v. Rose the bill did not aver a marriage, or that defendant ever promised to recognize complainant as his wife. Their relation was an unlawful one. In Van Dusan v.…
2Cases cited3 opinions
- Rose v. RoseMichigan Supreme Court · 1888
- Clancy v. ClancyMichigan Supreme Court · 1887
- Van Dusan v. Van DusanMichigan Supreme Court · 1893
3Cited by3 opinions
- In re Fitzgibbons' EstateMichigan Supreme Court · 1910
- Barker v. ValentineMichigan Supreme Court · 1900
- Flanagan v. FlanaganMichigan Supreme Court · 1899