Bennett v. Smith
New York Supreme Court
PPEAL by the defendants, from a judgment rendered at a-special term, after a trial at the circuit. The action was brought to recover damages against the defendants, for enticing away the plaintiff’s wife; one of the defendants being the father of the wife.
1Opinion of the Court
By the Court, T. R. Strong, J.
The marriage in this case was valjd, although the female was between fifteen and sixteen years of age, and the marriage was without the consent and against the will of her parents. By the common law, infants *441may marry—males at the age of fourteen and females at twelve —and the consent of parents is not necessary to the validity of the marriage. (1 Black. Com. by Chitty, 348, 9, marginal paging 436, 7. 2 Kent’s Com. 78, 9, note b, 85. Bright’s Hus. & Wife, 4, § 17. Parton v. Hervey, 1 Gray’s Rep. 119.) We have a statute in this state, authorizing the court, by a…
2Cases cited5 opinions
- Hutcheson v. PeckNew York Supreme Court · 1809
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
- Palmer v. AndrewsNew York Supreme Court · 1831
- Turner v. EstesMassachusetts Supreme Judicial Court · 1807
- Schuneman v. PalmerNew York Supreme Court · 1848
3Cited by35 opinions
- Ex Parte WarfieldCourt of Criminal Appeals of Texas · 1899
- Bailey v. BaileySupreme Court of Iowa · 1895
- MC GRADY v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1970
- Jones v. MonsonWisconsin Supreme Court · 1909
- Multer v. KnibbsMassachusetts Supreme Judicial Court · 1907
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