Legal Opinion
Hamlet v. Hamlet
Supreme Court of Alabama
Decided December 4, 1941No. 8 Div. 149PublishedCited by 8 opinions
1Opinion of the Court
THOMAS, Justice.
The appeal is from a decree declining to annul a voidable marriage by citizens of this state.
It is established in this jurisdiction that marriage is in law a civil contract between the parties. Nelson v. Brown, 164 Ala. 397, 51 So. 360, 137 Am.St.Rep. 61; Barrington v. Barrington, 200 Ala. 315, 76 So. 81.
The lower court has jurisdiction of the parties, complainant being a citizen of Alabama, and authority to annul the marriage, even though the ceremony was performed in another state. Gwin v. Gwin, 219 Ala. 552, 122 So. 648; 128 A.L.R. 65.
The Gwin case, supra, is in line with…
2Cases cited10 opinions
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Nelson v. BrownSupreme Court of Alabama · 1910
- Prine v. PrineSupreme Court of Florida · 1895
- Lewis v. DavisSupreme Court of Alabama · 1916
- Snead v. ScottSupreme Court of Alabama · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aiello v. AielloSupreme Court of Alabama · 1961
- Constantine v. ConstantineSupreme Court of Alabama · 1954
- Broadus v. BroadusCourt of Civil Appeals of Alabama · 1978
- Jordan v. CourtneySupreme Court of Alabama · 1946
- Husted v. HustedCalifornia Court of Appeal · 1963
3 more not listed; retrieve them via the Exa API.