State v. . Kennedy
Supreme Court of North Carolina
Farnieation and Adultery — Marriage between Negro and White in Another State — Bomieil in this State. INDICTMENT for Fornication and Adultery, tried at August Special Term, 1876, of Mecklenburg Superior Court, before Schenck, J. By consent the following special verdict was rendered; Isaac Kennedy is a negro man and Mag Kennedy a white woman. In 1868 they were citizens of this State.
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Farnieation and Adultery — Marriage between Negro and White in Another State — Bomieil in this State. INDICTMENT for Fornication and Adultery, tried at August Special Term, 1876, of Mecklenburg Superior Court, before Schenck, J. By consent the following special verdict was rendered; Isaac Kennedy is a negro man and Mag Kennedy a white woman. In 1868 they were citizens of this State. Subsequently they went to South Carolina to evade the law of this State prohibiting intermarriage of negroes and white persons, and were married according to the law of that State and immediately returned to this…
1Opinion of the CourtRodman, J.
The defendants in this case were domiciled in North Carolina befoi’e and at the time of their marriage in South Carolina, to which State they went for the purpose of evading the law of North Carolina which prohibited their marriage, and they immediately after the marriage returned to North Carolina where they have since continued to reside.
To quote from the opinion of Lord Cranworth in Brook v. Brook, 9 H. L. 193. “ There can be no doubt of the power of every country to make laws regulating the marriage of its own subjects; to declare who may marry; how they shall marry ;and the consequences…
2Cases cited1 opinion
- Grimshaw v. BenderMassachusetts Supreme Judicial Court · 1809
3Cited by26 opinions
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- Estate of StullSupreme Court of Pennsylvania · 1898
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- State v. FennWashington Supreme Court · 1907
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