Coleman v. Coleman
Oregon Supreme Court
Prom Lane: George P. Skipwortb:, Judge. Suit by Jobn B. Coleman against Helen A. Coleman to declare void a marriage contract and to secure tbe cancellation of an assignment of a contract for tbe sale and purchase of real property made with a third party. The lower court found in favor of plaintiff and defendant appealed. Reversed and suit dismissed. Department 1. Statement by Mr. Justice Burnett.
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Prom Lane: George P. Skipwortb:, Judge. Suit by Jobn B. Coleman against Helen A. Coleman to declare void a marriage contract and to secure tbe cancellation of an assignment of a contract for tbe sale and purchase of real property made with a third party. The lower court found in favor of plaintiff and defendant appealed. Reversed and suit dismissed. Department 1. Statement by Mr. Justice Burnett. This suit is not for the dissolution of a marriage contract, but for the purpose of having it declared void and incidentally to secure the cancellation of an assignment to the defendant of an…
1Opinion of the CourtJustice Burnett
1. We find in Section 503, L. O. L., that:
“When either of the parties to a marriage shall be incapable of making such contract or assenting thereto, for want of legal age or sufficient understanding, or when the consent of either party shall be obtained by force or fraud, such marriage shall be void from the time it is so declared by the decrée of a court having jurisdiction thereof.”
In this state marriage is recognized as a civil contract: Section 7016, L. O. L. Like any other compact a marriage is valid as against him if at the time of its solemnization the party afterwards seeking to have…
2Cases cited29 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Estate of ChevallierCalifornia Supreme Court · 1911
- Mansfield v. HillOregon Supreme Court · 1910
- Bohler v. HicksSupreme Court of Georgia · 1904
- Dunphy v. DunphyCalifornia Supreme Court · 1911
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3Cited by15 opinions
- Estate of KemmerrerCalifornia Court of Appeal · 1952
- Riddell v. EdwardsAlaska Supreme Court · 2003
- Kristovich v. JohnsonCalifornia Court of Appeal · 1966
- National Automobile & Casualty Insurance v. AingeCalifornia Supreme Court · 1950
- Nessier v. NoackCalifornia Court of Appeal · 1953
10 more not listed; retrieve them via the Exa API.