Graham v. Bennet
California Supreme Court
Appeal from the Third Judicial District for Santa Cruz. The complaint sets forth, that in September, 1845, defendant proposed to marry the plaintiff, representing himself as a single man; and that, placing confidence in this statement, she consented to become his wife, according to the laws of the land, which were then the laws of Mexico; that defendant drew up what he represented to be a marriage contract, and she, ignorant of the laws, and relying upon defendant’s…
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Appeal from the Third Judicial District for Santa Cruz. The complaint sets forth, that in September, 1845, defendant proposed to marry the plaintiff, representing himself as a single man; and that, placing confidence in this statement, she consented to become his wife, according to the laws of the land, which were then the laws of Mexico; that defendant drew up what he represented to be a marriage contract, and she, ignorant of the laws, and relying upon defendant’s statements, &c., signed the writing, 'in substance as follows: “ Marriage in the year 1845. Isaac Graham, of Santa Cruz, and…
1Opinion of the CourtHeydeneeldt, Justice
The last clause of section 2, of the Act to regulate Descents and Distributions, declares—“ The issue of all marriages deemed ^null in law, or dissolved by divorce, shall be legitimate.”
¡I (Marriage is regarded as a civil contract, and no form is neces1 sary for its solemnization. If it takes place between parties able to contract, an open avowal of the intention, and an assump- , / tion of the relative duties which it imposes on each other, is sufV ficient to render it valid and binding.}
The ceremony, therefore, which took place between the plaintiff and defendant, as shewn by the complaint,…
2Cited by26 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Hutchins v. KimmellMichigan Supreme Court · 1875
- In Re Estate of BaldwinCalifornia Supreme Court · 1912
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
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