Jones v. Jones
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This case was before this Court on a previous occasion, (45 Md., 144,) and having been remanded for a new trial, was again tried, the issues being the same.
Read the full summary
Appeal from the Superior Court of Baltimore City. This case was before this Court on a previous occasion, (45 Md., 144,) and having been remanded for a new trial, was again tried, the issues being the same. Exception. — The plaintiff offered the two following prayers: 1. That though the jury may find from the evidence that Andrew D. Jones was married in November, 1851, to Prances Moore, yet if they shall find that said Henry Jones is the son of said Andrew D. Jones, and of the woman, Henrietta, mentioned in the evidence, and was born in 1820, or thereabouts, and that from the year 1819, or…
1Opinion of the CourtMiller, J.
When this case was last before this Court, it was decided that if Andrew D. Jones was in fact married either to Anne Smith or Frances Moore, during the life of Hennie, the mother of the appellant, Henry Jones, all mere presumption of a previous marriage of Andrew with Hennie, founded simply upon habit and repute is at once overthrown, and it then becomes incumbent upon the appel*398lant to establish the alleged marriage of his mother with Andrew as an actual fact, by more direct proof. 45 Md., 159. The reasoning upon which this decision rests, is that in such a case the presumption of a marriage…
2Cases cited6 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Denison v. DenisonCourt of Appeals of Maryland · 1872
- Gaines v. RelfSupreme Court of the United States · 1852
- Myatt v. MyattIllinois Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Bowman v. LittleCourt of Appeals of Maryland · 1905
- Jackson v. JacksonCourt of Appeals of Maryland · 1894
- Schmeizl v. SchmeizlCourt of Appeals of Maryland · 1945
- Kilburn v. KilburnCalifornia Supreme Court · 1891
22 more not listed; retrieve them via the Exa API.