Harris v. Harris
Court of Appeals of Kentucky
Oase 11 — PETITION EQUITY APPEAL PROM BULLITT CIRCUIT COURT. 1. Where a marriage is contracted by both parties with full knowledge that a former valid marriage has been contracted by one of the parties with a third person who is still living, the issue of the second marriage is not legitimate. (Sections 3 and 4 of article 1, chapter 52, General Statutes.) 2. In construing a statute effect should be given to every provision.
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Oase 11 — PETITION EQUITY APPEAL PROM BULLITT CIRCUIT COURT. 1. Where a marriage is contracted by both parties with full knowledge that a former valid marriage has been contracted by one of the parties with a third person who is still living, the issue of the second marriage is not legitimate. (Sections 3 and 4 of article 1, chapter 52, General Statutes.) 2. In construing a statute effect should be given to every provision. (Potter’s Dwarris, p. 144.) 3. The general words of one clause of a statute may be restrained by the particular words in a subsequent clause of the same statute.…
1Opinion of the Court
OHIEE JUSTICE PRYOR
delivered the opinion oe the court.
Tlie appellants and the appellees are each claiming-to be the lawful heirs of John L. Harris, deceased. Appellants are his brothers and sisters, and the appellees are his children, nnder a marriage prohibited by law, and void by an express provision of the statute.
The court below adjudged in favor of the children, and the brothers and sisters appeal. Their right de*51pends upon the construction given the provisions of the statute on the subject.
By the second section of article 1, chapter 52, General Statutes, similar to the Revised Statutes,…
2Cited by13 opinions
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- In Re the Estate of ElliottCalifornia Supreme Court · 1913
- Clark v. BarneySupreme Court of Oklahoma · 1909
- Palmer v. CullySupreme Court of Oklahoma · 1915
- Leonard v. BraswellCourt of Appeals of Kentucky · 1896
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