Legal Opinion
In Re Gabaldon's Estate
New Mexico Supreme Court
Decided June 25, 1934No. 3866PublishedCited by 9 opinions
1Opinion of the Court
HUDSPETH, Justice.
This case presents the single question whether a marriage is of any validity in this state if effected only by present mutual consent of the parties, followed by cohabitation. Such relation is usually referred to as a common-law marriage. The question is not an easy one, and the court finds itself divided. All that can well be urged on the affirmative is embodied in the accompanying dissenting opinions.
If the common-law marriage, as such, has ever obtained legal standing here, it was on the occasion and by virtue of the sweeping statute of 1876: “In all the courts in this…
2Cases cited6 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Patton v. Cities of Philadelphia & New OrleansSupreme Court of Louisiana · 1846
- Hallett v. CollinsSupreme Court of the United States · 1850
- Territory of Hawaii v. GayCourt of Appeals for the Ninth Circuit · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gallegos v. WilkersonNew Mexico Supreme Court · 1968
- Lozoya v. SanchezNew Mexico Supreme Court · 2003
- Golden v. GoldenNew Mexico Supreme Court · 1937
- State v. TijerinaNew Mexico Court of Appeals · 1972
- Prudential Insurance Company of America v. LewisDistrict Court, N.D. Alabama · 1969
4 more not listed; retrieve them via the Exa API.