Ellis v. Ellis
Massachusetts Supreme Judicial Court
This was a libel for a divorce a vinculo for the adultery of the respondent. After proving the marriage of the parties by the Rev. Br. Stillman, in 1803, Parker, for the libellant, read a certificate from the Rev. Br. Lathrop of a second marriage with one Mcc j, Sawyer, such as is usually received as evidence of a lawful marriage in prosecutions of this kind.
1Opinion of the Court
But the Court thought it not sufficient evidence for the purpose *92for which it was offered. The fact of the second marriage must be proved on oath.
Dr. Lathrop afterwards dame into Court, and, being sworn, testified to the fact of such second marriage, and a decree of divorce was passed.
2Cited by9 opinions
- People v. Le DouxCalifornia Supreme Court · 1909
- State v. McGrawWest Virginia Supreme Court · 1955
- State v. MassieWest Virginia Supreme Court · 1913
- Cayford's caseSupreme Judicial Court of Maine · 1830
- Hanley v. StateLucas Circuit Court · 1896
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