Legal Opinion

Welch v. All Persons

Montana Supreme Court

Decided February 28, 1927No. 6,045PublishedCited by 21 opinions

1Opinion of the Court

Where a marriage is set up as having been performed at a particular time or place or by a particular form or ceremony, and the evidence fails to support the assertion, the party asserting the marriage will not be allowed to rely on cohabitation and reputation to establish it. (38 C.J. 1325; Henry v. McNealey,24 Colo. 456, 50 P. 37; McLaughlin v. Barnum, 42 Md. 251;Denison v. Denison, 35 Md. 361.)

When it is shown that there has been an actual marriage solemnized according to the method prescribed by law, every inference is to be invoked in support of its validity and against an alleged…

2Cases cited102 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Cartwright v. McGownIllinois Supreme Court · 1887
  3. Wenning v. TeepleIndiana Supreme Court · 1895
  4. Barnum v. BarnumCourt of Appeals of Maryland · 1875
  5. Hulett v. CareySupreme Court of Minnesota · 1896

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3Cited by21 opinions

  1. Jim's Water Service v. EayrsWyoming Supreme Court · 1979
  2. In Re the Estate of AlcornMontana Supreme Court · 1994
  3. State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
  4. Shepherd & Pierson Co. v. BakerMontana Supreme Court · 1927
  5. Matter of Estate of MurnionMontana Supreme Court · 1984

16 more not listed; retrieve them via the Exa API.

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