State v. Shattuck
Supreme Court of Vermont
Information for adultery. Plea, not guilty. Trial by jury at the December Term, 1896, Windsor County, Munson, J., presiding. It was for the State to show that Coburn was competent to marry by the laws of New Hampshire. It was an essential fact, and there is no presumption. Taylor v. Boardman, 25 Vt. 581, 586. As to the law of New Hampshire, see True v. Ranney, 21 N. H. 52: 53 Am. Dec. 164; Emerson v. Shaw, 56 N. H. 418. The New Hampshire marriage was illegal in Vermont.
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Information for adultery. Plea, not guilty. Trial by jury at the December Term, 1896, Windsor County, Munson, J., presiding. It was for the State to show that Coburn was competent to marry by the laws of New Hampshire. It was an essential fact, and there is no presumption. Taylor v. Boardman, 25 Vt. 581, 586. As to the law of New Hampshire, see True v. Ranney, 21 N. H. 52: 53 Am. Dec. 164; Emerson v. Shaw, 56 N. H. 418. The New Hampshire marriage was illegal in Vermont. V. S. 2703, 2704, 5056. The statute does not limit the disqualification. The correct principle is, that if a marriage is…
1Opinion of the CourtRowell, J.
The charge is that the prisoner, an unmarried woman, committed adultery with Coburn, a married man.
It appeared that Coburn’s first wife, who is still living, obtained a divorce from him in this State in December, 1895; that on June 13,1896, he and Grace Hoisington, both of whom were then domiciled in Windsor, in this State, went to Claremont, New Hampshire, and were there married by a clergyman authorized by the law of that state to solemnize marriages; and that immediately after the marriage they returned to Windsor, where they have lived ever since, and where they first cohabited as husband…
2Cases cited8 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
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3Cited by29 opinions
- Lanham v. LanhamWisconsin Supreme Court · 1908
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Wilson v. CookIllinois Supreme Court · 1912
- Estate of WoodCalifornia Supreme Court · 1902
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
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