Town of Londonderry v. Town of Chester
Superior Court of New Hampshire
Marriage is ir> this state only a civil contract; and the object of having it solemnized before some officer, is to give it publicity, and to preserve a record of the contract. If this contract be made between, adults, per verba de presentí-, and without fraud or force,no solemnization whatever is, upon general principles, necessary to its validity.
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Marriage is ir> this state only a civil contract; and the object of having it solemnized before some officer, is to give it publicity, and to preserve a record of the contract. If this contract be made between, adults, per verba de presentí-, and without fraud or force,no solemnization whatever is, upon general principles, necessary to its validity. But our statute and the usuages of most civilized nations seem to require a solemnization of some form before witnesses ; yet our statute does not declare the contract void, if not solemnized before a magistrate or a minister. Where an acting…
1Opinion of the Court
Woodbury, J.,
pronounced the judgment of the court.
Our statute of February, 1791, is the only existing act of the legislature of this state “ regulating marriages.”(l) The question which arises in this case must, therefore, be ... ... settled by a construction of that statute; and, where the statute is deficient, by such general principles of law and reason as are applicable to the nature of the contract of marriage.
The 1st section of this statute provides, “ that every or*:i dained minister of the gospel in the county where he is set- “ tied, or hath his permanent residence, and in no other “…
2Cited by5 opinions
- Alphonso Marcus v. Director, Office of Workers' Compensation Programs, U. S. Department of LaborCourt of Appeals for the D.C. Circuit · 1976
- Clark v. ClarkSuperior Court of New Hampshire · 1839
- State v. WinkleySuperior Court of New Hampshire · 1843
- Baker v. ShephardSuperior Court of New Hampshire · 1851
- Bixby v. HarrisSuperior Court of New Hampshire · 1852