Inhabitants of St. George v. City of Biddeford
Supreme Judicial Court of Maine
On exceptions and motion to set aside the verdict. Assumpsit for pauper supplies furnished to Elizabeth Montgomery, whose maiden name was Elizabeth Waterhouse, and her three children. It was admitted that the settlement of the mother was in Biddeford, unless it was changed by her marriage with John Montgomery, whose settlement was admitted to be in St. George.
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On exceptions and motion to set aside the verdict. Assumpsit for pauper supplies furnished to Elizabeth Montgomery, whose maiden name was Elizabeth Waterhouse, and her three children. It was admitted that the settlement of the mother was in Biddeford, unless it was changed by her marriage with John Montgomery, whose settlement was admitted to be in St. George. The plaintiffs contended that, at the time of his alleged marriage, John Montgomery was not of sound mind and because of that did not have the legal capacity to contract marriage. The jury rendered a verdict for the plaintiffs for four…
1Opinion of the CourtPeters, C. J.
E. S., c. 59, § 2, provides, that no insane-person or idiot shall be considered capable of contracting marriage. It has been recently decided in this state that it may be¡ proved in any collateral proceeding, where the question legitimately arises, that a marriage is void because of the insanity of one of the parties thereto. Unity v. Belgrade, ante, 419. The defendants contend that, while this rule applies in cases of.' insanity or idiocy, as those terms were primarily understood, it does not apply to a case of mere weakness or unsoundness of mind.
The statute of construction and…
2Cited by7 opinions
- Dunphy v. DunphyCalifornia Supreme Court · 1911
- State v. DavisMontana Supreme Court · 1921
- Lewis v. LewisSupreme Court of Minnesota · 1890
- Doe Ex Rel. Maine Department of Human Services v. RoweDistrict Court, D. Maine · 2001
- Chasse v. MazerolleSupreme Judicial Court of Maine · 1990
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