Legal Opinion

Canale v. People

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 14 opinions

Writ of Error to the Criminal Court of Cook county; the Hon. William G. Ewing, Judge, presiding. Carmelo Canale, the plaintiff in error, was convicted in the criminal court of Cook county on an indictment charging him with bigamy.

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Writ of Error to the Criminal Court of Cook county; the Hon. William G. Ewing, Judge, presiding. Carmelo Canale, the plaintiff in error, was convicted in the criminal court of Cook county on an indictment charging him with bigamy. Three witnesses testified that in 1891, in Altavilla, Italy, they were present at the marriage of plaintiff in error and Rosalie LoCascio; that the marriage took place in a church, and was solemnized by a minister of religion according to the rites of the church and in the presence of a large number of friends and acquaintances. The sister of Rosalie- testified that…

1Opinion of the CourtChief Justice Carter

The vital question presented for our determination in this case is, was the alleged first marriage of plaintiff in error in Italy absolutely void? Counsel for the People contend that “the proof of a marriage in fact in another State, followed by cohabitation, is sufficient proof of the validity of the marriage, without evidence as to the law of the place where the marriage was celebrated,”—citing numerous authorities. It may be conceded that it is the general rule that if the celebration of the marriage is proved by witnesses who were present it is not necessary that any preliminary steps…

2Cases cited3 opinions

  1. McDeed v. McDeedIllinois Supreme Court · 1873
  2. Hoes v.Van AlstyneIllinois Supreme Court · 1858
  3. Weinberg v. StateWisconsin Supreme Court · 1870

3Cited by14 opinions

  1. Dudley v. DudleySupreme Court of Iowa · 1911
  2. Sokel v. PeopleIllinois Supreme Court · 1904
  3. Rauton v. the Pullman Co.Supreme Court of South Carolina · 1937
  4. Schaffer v. KrestovnikowNew Jersey Court of Chancery · 1917
  5. Dean & Son, Ltd. v. W. B. Conkey Co.Appellate Court of Illinois · 1913

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