Legal Opinion

Mund v. Rehaume

Supreme Court of Colorado

Decided April 15, 1911No. 6422PublishedCited by 8 opinions

Appeal from Denver District Court. — Hon. Hubert L. Shattuck, Judge. Appellees (plaintiffs) had judgment below. Defendant (appellant), brings the case here on appeal. June 19, 1866, at Fond du Lac, Wisconsin, Usebas Parent married his niece by the half blood, Mary Rehaume, daughter of his half sister. The marriage was regular and in good faith, but null.

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Appeal from Denver District Court. — Hon. Hubert L. Shattuck, Judge. Appellees (plaintiffs) had judgment below. Defendant (appellant), brings the case here on appeal. June 19, 1866, at Fond du Lac, Wisconsin, Usebas Parent married his niece by the half blood, Mary Rehaume, daughter of his half sister. The marriage was regular and in good faith, but null. They ate, slept, lived and kept house together, and in June moved to Minnesota, where October 27, 1866, a son was born to them within the wedlock of the marriage, called Adolph. The Wisconsin statute forbade and nullified the marriage. It…

1Opinion of the CourtJustice Garrigues

1. We will first consider a matter of practice. Plaintiffs offered in evidence voluminous depositions, which were excluded. They also offered parts of the stipulation and sections 4864 and 4858 of the statutes of Wyoming, which were excluded. The findings and judgment of the court were based on the evidence ad*133mitted. The bill of exceptions tendered by the defendant contained all the admitted, but none of the excluded evidence offered by plaintiffs. Upon plaintiffs’ objection, on this account, the judge stated it was the practice to put every word into the bill of exceptions taken down by the…

2Cases cited10 opinions

  1. Dyer v. BrannockSupreme Court of Missouri · 1877
  2. Chartrand v. BraceSupreme Court of Colorado · 1891
  3. Watts v. OwensWisconsin Supreme Court · 1885
  4. Binns v. DazeyIndiana Supreme Court · 1896
  5. Seyfried v. KnoblauchSupreme Court of Colorado · 1908

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3Cited by8 opinions

  1. Turner v. Metropolitan Life InsuranceCalifornia Court of Appeal · 1943
  2. Henderson v. HendersonSupreme Court of Virginia · 1948
  3. Rose v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of Colorado · 1926
  4. Styles v. ByrneMontana Supreme Court · 1931
  5. American Bonding Co. v. PeopleSupreme Court of Colorado · 1912

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