Legal Opinion

Case v. Case

California Supreme Court

Decided July 1, 1861PublishedCited by 22 opinions

Appeal from the Sixth District. Suit for divorce on the ground of adultery. Plaintiff alleges that she was married to defendant in May, 1844, in the city of New York ; and that they lived together as man and wife from that time till July, 1856—having two children, one born in 1846, the other in 1850. She charges the adultery of defendant to have been committed with a Mrs. Jackson or Lane, by marrying her, and cohabiting with her in August, 185T. Defendant in his answer…

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Appeal from the Sixth District. Suit for divorce on the ground of adultery. Plaintiff alleges that she was married to defendant in May, 1844, in the city of New York ; and that they lived together as man and wife from that time till July, 1856—having two children, one born in 1846, the other in 1850. She charges the adultery of defendant to have been committed with a Mrs. Jackson or Lane, by marrying her, and cohabiting with her in August, 185T. Defendant in his answer denies his marriage with plaintiff, but admits that he cohabited with her for several years before and up to July, 1856 ;…

1Opinion of the CourtCope, J.

Field, C. J. and Baldwin, J. concurring.

*600This is an action for a divorce on the ground of adultery. The plaintiff alleges that she was married to the defendant in May, 1844, and that she lived with him as his wife from that time until July, 1856. It appears that in August, 1857, the defendant married another person, and the adultery complained of is charged to have been committed with this person. The marriage with the plaintiff is denied, but the defendant admits that he lived with her for several years, and treated her as his wife. The only evidence of this marriage consists in the fact of…

2Cited by22 opinions

  1. Hutchins v. KimmellMichigan Supreme Court · 1875
  2. Cartwright v. McGownIllinois Supreme Court · 1887
  3. People v. Le DouxCalifornia Supreme Court · 1909
  4. In Re Estate of BaldwinCalifornia Supreme Court · 1912
  5. White v. WhiteCalifornia Supreme Court · 1890

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