Collins v. Collins

WALL,'Circuit Judge

(concurring specially).

I concur in the result. I believe that the record, including the showing made for a new trial, does not establish a valid marriage between plaintiff'and Sheldon and does not indicate that such a marriage could be proved. Plaintiff says she has no recollection of a ceremonial marriage, though, she claims, Sheldon told her there was one. Sheldon swears there was none. The evidence, as I view it, does not indicate a common law marriage. 38 C. J. 1319; Bracken v. Bracken, 45 S. D. 430, 188 N. W. 46; Lockwood v. Lockwood, 220 Mich. 124, 189 N. W. 871. The…