People v. Hovey
New York Supreme Court
Demurrer to the plea of the defendant. The defendant was indicted in the county of Monroe, for bigamy. He pleaded to the indictment, admitting both marriages, but setting up in his defence a decree of the court of chancery, dissolving the marriage with his first wife, obtained upon a bill filed by her, charging Mm with adultery. The decree was in the usual form.
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Demurrer to the plea of the defendant. The defendant was indicted in the county of Monroe, for bigamy. He pleaded to the indictment, admitting both marriages, but setting up in his defence a decree of the court of chancery, dissolving the marriage with his first wife, obtained upon a bill filed by her, charging Mm with adultery. The decree was in the usual form. It dissolved the marriage, and declared “ that the parties and each of them, are freed from the obligations thereof.” It also contained a clause prohibiting the defendant from marrying again. To this plea the district attorney…
1Opinion of the Court
By the Court, Selden, J.
The question presented is, whether, in case of a dissolution of marriage for adultery, the party charged with the offence, if he or she marries again, is within the penalty of the act against bigamy, (2 R. S. 2d ed. p. 573, § 8.) This section provides that “ every person having a husband or wife living, who shall marry any other person,” shall be adjudged guilty of bigamy. Can the defendant, after the *118decree dissolving his marriage with his first wife for his own adultery, be said to have had a wife living % This is the whole question.
The terms husband and wife have a…
2Cited by11 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- The People v. . FaberNew York Court of Appeals · 1883
- Barber v. BarberCalifornia Supreme Court · 1860
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