Fenton v. Reed
New York Supreme Court
THIS case came before the court, on a certiorari, from the justices court in New-York. It appeared, upon the trial below, that Reed, the plaintiff below, demanded a certain annual payment of 25 dollars, secure by the constitution of the Provident Society to the widows of deceased members of that society.
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THIS case came before the court, on a certiorari, from the justices court in New-York. It appeared, upon the trial below, that Reed, the plaintiff below, demanded a certain annual payment of 25 dollars, secure by the constitution of the Provident Society to the widows of deceased members of that society. William _ J Reed, whose widow the plaintiff below claimed to be, was a regular member- of the society, at the time of his decease, Ry the constitution of the society, the widows of regular members were entitled to 25 dollars, annually, from the funds thereof. The only point in controversy…
1Per curiam
The marriage of the plaintiff below with William Reed during the life-time of her husband John Guest, was null and void. It was of no legal avail whatever, and not sufficient to constitute them husband and wife de facto. This has been the uniform and well-settled rule of the common law. (1 Roll. Abr. 340. pl. 2. 357. pl. 40. 360. F. Cro. Eliz. 858. 1 Salk. 120.) The statute concerning bigamy does not render the second marriage legal, notwithstanding the former husband or wife may-have been absent above five years, and not heard of. It only declares, that the party who marries again, in…
2Cited by76 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- White v. WhiteCalifornia Supreme Court · 1890
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