Waddingham v. Waddingham
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. The case and facts are stated in the opinion of the court. I. The weight of the evidence is entirely with the appellant. The only evidence of alleged marriage with Gavin is presumptive evidence from uncertain representations and cohabitation, illicit in character, for a brief time, thirty years ago, and, giving force to the evidence, the weight of evidence is with appellant. II.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. The case and facts are stated in the opinion of the court. I. The weight of the evidence is entirely with the appellant. The only evidence of alleged marriage with Gavin is presumptive evidence from uncertain representations and cohabitation, illicit in character, for a brief time, thirty years ago, and, giving force to the evidence, the weight of evidence is with appellant. II. Like, as if charged with the crime of bigamy, appellant here is presumed innocent. That is, the presumption is in favor ofjthe last marriage, and…
1Opinion of the CourtEllison, J.
— In 1830, in the state of Vermont, there was born of an unmarried mother, a girl child, whose subsequent history forms the greater part of a voluminous, record of nearly four hundred pages. She was put in charge of her grandfather Hulett, under whose care and protection she grew into young womanhood. Her mother married a man named Remington, who was the child’s reputed father. He died some years thereafter, and his widow, following the course of emigration then pouring from the east into Michigan, moved to Detroit, whither many of her relatives had preceded her. She had not been in Michigan…
2Cases cited5 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Squire v. StateIndiana Supreme Court · 1874
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1877
- Klein v. LaudmanSupreme Court of Missouri · 1860
- Case v. CaseCalifornia Supreme Court · 1861
3Cited by14 opinions
- Maier v. BrockSupreme Court of Missouri · 1909
- Brown v. ParksSupreme Court of Georgia · 1931
- Eldred v. EldredSupreme Court of Virginia · 1899
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Farr v. FarrSupreme Court of Iowa · 1921
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