North v. North
New York Court of Chancery
This case came before the chancellor, the office of vice chancellor of the sixth circuit, where the suit was pending, being vacant; upon an application by the defendant for an allowance, to enable her to defend the suit, and for the support of herself and child during the litigation. The bill was filed by the husband to annul his marriage, with the defendant, upon the alleged ground that she had another husband living at the time of such marriage.
1Opinion of the Court
The Chancellor.
The affidavit of the defendant denies the fact, charged in the bill, that her former husband was living at the time of her intermarriage with the complainant. For the purposes of this application, therefore, the fact of marriage is admitted; and the presumption is that it was legal, until the contrary shall have been established by the proofs in the cause. Besides, it appears by the bill itself that the parties continued to cohabit together, as husband and wife, until the spring of 1845; although the complainant admits that he was informed in the summer of 1844, that the former…
2Cited by18 opinions
- Ex parte SmithSupreme Court of Alabama · 1859
- Higgins v. . SharpNew York Court of Appeals · 1900
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Peet v. PeetMichigan Supreme Court · 1884
- Smith v. ReedSupreme Court of Georgia · 1916
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