Legal Opinion

Ward v. Ward

Court of Appeals of Georgia

Decided January 27, 1920No. 10979PublishedCited by 15 opinions

Application, for administration—appeal, from Floyd superior court—Judge Wright. August 1, 1919.

1Opinion of the CourtBroyles, C. J.

1. Whoever attacks the validity of a marriage has the burden of proving its invalidity, by clear, distinct, and positive proof. The presumption as to the validity of a marriage can only be negatived by disproving every reasonable possibility. Murchison v. Green, 128 Ga. 339, 342 (57 S. E. 709, 11 L. R. A. (N. S.) 702); 26 Cyc. 877 (2).

2. Where a second marriage by a person is established and it is shown that he or she had previously married another person who was living at the time of the second marriage, the presumption is that the first marriage had been dissolved by a decree of divorce,…

2Cases cited1 opinion

  1. Murchison v. GreenSupreme Court of Georgia · 1907

3Cited by15 opinions

  1. Welch v. All PersonsMontana Supreme Court · 1927
  2. Addison v. AddisonSupreme Court of Georgia · 1938
  3. Nash v. NashSupreme Court of Georgia · 1944
  4. Brown v. StateSupreme Court of Georgia · 1951
  5. Atlanta, Birmingham & Coast Railroad v. ThomasCourt of Appeals of Georgia · 1940

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