McClain v. McClain
Superior Court of Pennsylvania
Appeal, No. 196, April T., 1909, by plaintiff, from order of C. P. Washington Co., Aug. T., 1908, No. 154, dismissing libel in divorce in case of Florence McClain v. Jesse McClain. Libel for divorce. Before Taylor, J. From the record it appeared that the libelant and respondent were first cousins, and were married on January 28, 1908. The libelant testified that she never lived with her husband nor cohabited with him. Error assigned was order dismissing libel.
1Opinion of the Court
Opinion by
Henderson, J.,
The fifth section of the act of March 13, 1815, 6 Sm. L. 286, provides: “That all marriages within the degree of consanguinity or affinity, according to the table established by law, are hereby declared void to all intents and purposes; and it shall and may be lawful for the court of common pleas of this commonwealth, or any of them, to grant divorces from the *250bonds of matrimony in such casos; and the parties shall be subject to like penalties as are contained in the act against incest. But when any of the said marriages shall not have been dissolved during the…
2Cases cited2 opinions
- Stapleberg v. StaplebergSupreme Court of Connecticut · 1904
- Martin v. MartinWest Virginia Supreme Court · 1903
3Cited by7 opinions
- Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
- Baker v. Baker, Pennsylvania Court of Common Pleas, Philadelphia County1924
- Bapa v. Bapa, Pennsylvania Court of Common Pleas, Alleghany County1934
- Duchi v. Duchi, Pennsylvania Court of Common Pleas, Washington County1928
- Tomlinson v. Tomlinson, Pennsylvania Court of Common Pleas, Erie County1937
2 more not listed; retrieve them via the Exa API.