Smith v. Smith
Massachusetts Supreme Judicial Court
Libel, for a sentence of nullity of marriage. Trial before Sheldon, J., who ordered a decree of nullity to be entered, and reported the case for the determination of this court. If, on his findings, he had power to enter such decree, the same was to stand; otherwise, the libel was to be dismissed. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
This libel is brought under the Pub. Sts. c. 145, § 11, the first part of which is as follows; “ When the validity of a marriage is doubted, either party may file a libel for annulling such marriage, or, when the validity of a mar- • riage is denied or doubted by either party, the other party may file a libel for affirming the same.” The omission of the words, “ for fraud or other cause,” contained in the Gen. Sts. c. 107, § 4, and in St. 1855, c. 27, does not change the meaning of the provision. The statute assumes that there may be marriages which are legal in form but invalid in fact. In…
2Cases cited8 opinions
- Baker v. BakerCalifornia Supreme Court · 1859
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Scott v. ShufeldtNew York Court of Chancery · 1835
- Lyndon v. LyndonIllinois Supreme Court · 1873
- Inhabitants of Cummington v. Inhabitants of BelchertownMassachusetts Supreme Judicial Court · 1889
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- Bielby v. BielbyIllinois Supreme Court · 1929
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