Cooley v. State
Supreme Court of Alabama
ErtoK tbe Circuit Court of Eandolpb. Tried before tbe Hon. John Hendebson. Tbe indictment in this case, which was found in February, 1877, and contained but a single count, charged that tbe defendant, Jobn B, Cooley, “ having a wife then living, unlawfully married one Melissa Cooley.”
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ErtoK tbe Circuit Court of Eandolpb. Tried before tbe Hon. John Hendebson. Tbe indictment in this case, which was found in February, 1877, and contained but a single count, charged that tbe defendant, Jobn B, Cooley, “ having a wife then living, unlawfully married one Melissa Cooley.” On tbe trial, as tbe bill of exceptions shows, tbe defendant having pleaded not guilty, “ tbe State introduced one Muncus as a witness, who testified, that on tbe 15th day of October, three or four years ago (be could not recollect which), be was present, aM saw tbe defendant married to one Susannah Bradley ;…
1Opinion of the Court
STONE, J. —
Bills in equity, not verified by tbe complainant, are regarded as tbe suggestions of counsel, and are not evidence of any fact alleged in tbem, between tbe same, or other parties, in another suit. — Stetson v. Goldsmith, 30 Ala. 602, 606-607; 1 Brick. Digest, 829, § 353. Tbe Circuit Court erred, in allowing tbe bill in chancery, filed by defendant for divorce, to be read in evidence.
2. In tbe case of Beggs v. The State, at tbe present term, there is a full discussion of tbe question, whether tbe marriage of a person within the age of consent is void or voidable, "We held, that such…
2Cases cited1 opinion
- Stetson v. GoldsmithSupreme Court of Alabama · 1857