Thompson v. Thompson
Massachusetts Supreme Judicial Court
Libel, for a sentence of nullity of marriage, on the ground that the libellee had another wife living at the time of the marriage. At the hearing, before Wells, J., the following facts were proved or admitted : On January 12,1859, the libellee was lawfully married to one Ruth Amelia West, at Boston, in the county of Suffolk. They afterwards lived together as husband and wife at Brookline, in the county of Norfolk, for the period of nineteen months.
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Libel, for a sentence of nullity of marriage, on the ground that the libellee had another wife living at the time of the marriage. At the hearing, before Wells, J., the following facts were proved or admitted : On January 12,1859, the libellee was lawfully married to one Ruth Amelia West, at Boston, in the county of Suffolk. They afterwards lived together as husband and wife at Brookline, in the county of Norfolk, for the period of nineteen months. At the February term, 1867, of the Supreme Judicial Court, holden at Dedham, February 19, 1867, she obtained a decree of divorce from the bonds of…
1Opinion of the CourtGray, C. J.
To constitute a valid marriage by the law of this Commonwealth, it must be solemnized between parties competent to contract it, and (except in the case of Quakers) before a person being or professing to be a justice of the peace or minister of the gospel. Milford v. Worcester, 7 Mass. 48. Gen. Sts. c, 106, §§ 14-20.
At the time of the ceremony of marriage between these parties, the husband was incapable of contracting marriage in this *568Commonwealth, because he had been divorced, for his fault, from a former wife (who must be inferred from this report to have been still living), and had not…
2Cases cited3 opinions
- Inhabitants of Milford v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1810
- Town of Northfield v. Town of PlymouthSupreme Court of Vermont · 1848
- White v. WhiteMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Hall v. BaylousWest Virginia Supreme Court · 1930
- Huard v. McTeighOregon Supreme Court · 1925
- Commonwealth v. MunsonMassachusetts Supreme Judicial Court · 1879
- Stewart v. VandervortWest Virginia Supreme Court · 1890
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