Hayes v. People
New York Court of Appeals
The plaintiff in error was tried and convicted, in the Hew York Court of General Sessions, of bigamy; and, on error to the Supreme Court, the judgment was affirmed. On the trial it was proved that, on the 13th February, 1845, the prisoner was married to one Sarah E. Blair, who was still living.
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The plaintiff in error was tried and convicted, in the Hew York Court of General Sessions, of bigamy; and, on error to the Supreme Court, the judgment was affirmed. On the trial it was proved that, on the 13th February, 1845, the prisoner was married to one Sarah E. Blair, who was still living. A witness, Jane White, was then called to prove a second marriage on the 13th September, 1860. She testified, substantially, that, in May, 1860, while she was a servant at the Pierrepont Hotel, in Brooklyn, the defendant first became acquainted with her. She first saw him at the door between 9 and 10…
1Opinion of the CourtWright, J.
To convict of bigamy, a marriage in fact must be proved; and reputation and cohabitation alone are not suf*394ficient. The fact of a marriage may be proved by a witness .present at the celebration; and this is the ordinary way of proving it. In this State, marriage is a civil contract, and may exist without any formal solemnization by minister or magistrate.
The marriage of the prisoner to Sarah E. Blair, in February, 1845, and that she was living at the time of the trial, was proved. To establish the fact of a second marriage, in September, 1860, to Jane White, she was called and examined - as…
2Cases cited2 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Cleft v. HosfordSupreme Court of Vermont · 1840