Legal Opinion

Commonwealth v. Haylow

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 5PublishedCited by 16 opinions

Appeal, No. 5, April T., 1901, by defendant, from order of Q. S. Cambria Co., March T., 1900, No. 26, for support in case of Commonwealth v. James H. Haylow. Proceedings for support. Babkeb, P. J., filed the following opinion: Cohabitation and reputation constitute sufficient evidence of marriage in all jurisdictions in this country and in England. The inference or presumption of marriage, however, arising from proof of cohabitation and reputation, may be rebutted.

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Appeal, No. 5, April T., 1901, by defendant, from order of Q. S. Cambria Co., March T., 1900, No. 26, for support in case of Commonwealth v. James H. Haylow. Proceedings for support. Babkeb, P. J., filed the following opinion: Cohabitation and reputation constitute sufficient evidence of marriage in all jurisdictions in this country and in England. The inference or presumption of marriage, however, arising from proof of cohabitation and reputation, may be rebutted. The defendant admits the cohabitation for a period of about four years, but claims that it was meretricious and not marital. He…

1Opinion of the Court

Opinion by

Rice, J.,

The question presented to the court below was whether there was a valid marriage between the prosecutrix and the defendant, it being admitted that there was no ceremony? The decision of the questions of fact by the quarter sessions is as conclusive as the verdict of a jury, and in no view which may be taken of our appellate jurisdiction are we authorized to go further than to ascertain whether there was evidence, which, if believed, would sustain the finding. It may well be questioned whether we are required to go that far in a desertion case, even though an exception was…

2Cases cited15 opinions

  1. Yardley's EstateSupreme Court of Pennsylvania · 1874
  2. Hantz v. SealySupreme Court of Pennsylvania · 1814
  3. Hunt's AppealSupreme Court of Pennsylvania · 1878
  4. Estate of GrimmSupreme Court of Pennsylvania · 1890
  5. Richard v. BrehmSupreme Court of Pennsylvania · 1873

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3Cited by16 opinions

  1. Estate of MurdockSuperior Court of Pennsylvania · 1927
  2. Craig's EstateSupreme Court of Pennsylvania · 1922
  3. McDevitt's EstateSupreme Court of Pennsylvania · 1924
  4. Commonwealth ex rel. McDermott v. McDermottSuperior Court of Pennsylvania · 1975
  5. Ollschlager's Estate v. WidmerOregon Supreme Court · 1909

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