Adger v. Ackerman
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Alfred W. Fleming died intestate in the state of Missouri on January 10, 1898, leaving a widow, Mary Cecilia Fleming, née Quan, and her son Alfred W. Fleming, Jr., who had been born on September 2, 1892. While the deceased was not a practicing physician, he was commonly known as Dr. Fleming, and in this statement, and in the opinion which follows it, he will be designated in this way to…
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Alfred W. Fleming died intestate in the state of Missouri on January 10, 1898, leaving a widow, Mary Cecilia Fleming, née Quan, and her son Alfred W. Fleming, Jr., who had been born on September 2, 1892. While the deceased was not a practicing physician, he was commonly known as Dr. Fleming, and in this statement, and in the opinion which follows it, he will be designated in this way to distinguish him from his son, who bears the same name. On November 12, 1S99, the widow Fleming died, leaving a will by…
1Opinion of the CourtSanborn, Circuit Judge
This case presents a single issue: Is the defendant Alfred W. Fleming the legitimate son of Dr. Alfred W. Fleming, deceased? There are, however, two other questions, the answers to which may go far toward the determination of this issue. They are: Was there a common-law marriage between Dr. Fleming and Mary C. Quan prior to November, 1891 ? And, if not, did the ceremony of marriage between them subsequent to the birth of the son raise a conclusive presumption of the legitimacy of the boy, under section 2917 of the Revised Statutes of Missouri?
*126Marriage is a civil contract. It is the agreement…
2Cases cited22 opinions
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Gall v. . GallNew York Court of Appeals · 1889
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Patterson v. GainesSupreme Court of the United States · 1848
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Leblanc v. YawnSupreme Court of Florida · 1930
- Howard v. KellyMississippi Supreme Court · 1916
- Estate of Klipfel v. KlipfelSupreme Court of Colorado · 1907
- Thomas v. MurphyCourt of Appeals for the D.C. Circuit · 1939
- Prince v. EdwardsSupreme Court of Alabama · 1912
32 more not listed; retrieve them via the Exa API.