Sims v. Sims
Mississippi Supreme Court
Appeal from chancery court of Lauderdale county. Hon. G. C. Tann, Chancellor. Suit by O. B. Sims against Mrs. Henrietta M. Sims to annul a marriage, or in the alternative, for a divorce. From an interlocutory decree awarding defendant alimony pendente lite, plaintiff appeals. The marriage between appellant and appellee was void absolutely and not merely voidable.
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Appeal from chancery court of Lauderdale county. Hon. G. C. Tann, Chancellor. Suit by O. B. Sims against Mrs. Henrietta M. Sims to annul a marriage, or in the alternative, for a divorce. From an interlocutory decree awarding defendant alimony pendente lite, plaintiff appeals. The marriage between appellant and appellee was void absolutely and not merely voidable. The relation existing between the appellant and the appellee after their attempted marriage in 1893 up until time of separation in 1918 was not a marital relation hut was a. meretricious relation, the marriage having been void from…
1DissentEthridge, J.
I am unable to agree that the Chancellor’s order was right in ordering temporary alimony upon the record before us. I have several reasons, but will first address my views to the two propositions discussed in the opinion of the Chief Justice: First, is a common-law marriage valid in Mississippi? and, second, does the evidence disclose a common-law marriage between the parties?
In order to discuss this question properly, it will be necessary to refer to the statutes upon that subject. Section 3245, Code of 1906 (section 2552, Hemingway’s Code), provides that marriage licenses shall be granted…
2Cases cited15 opinions
- Swann v. BuckMississippi Supreme Court · 1866
- People ex rel. Attorney General v. BeattieIllinois Supreme Court · 1891
- Hamilton v. HamiltonIllinois Supreme Court · 1878
- Koch & Dryfus v. BridgesMississippi Supreme Court · 1871
- Floyd v. CalvertMississippi Supreme Court · 1876
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