Harding v. Alden
Supreme Judicial Court of Maine
This was an action of dower, which was submitted to the court upon a case agreed by the parties. It was conceded that the de-mandants were entitled to judgment, if the wife had been legal-]y divorced from her former husband, lo whom she was married May 24, 1809, in Massachusetts, where they then dwelt; after which they resided in this county; from which the husband departed, deserting his wife, and took up a residence in North Carolina, where he married another.
Read the full summary
This was an action of dower, which was submitted to the court upon a case agreed by the parties. It was conceded that the de-mandants were entitled to judgment, if the wife had been legal-]y divorced from her former husband, lo whom she was married May 24, 1809, in Massachusetts, where they then dwelt; after which they resided in this county; from which the husband departed, deserting his wife, and took up a residence in North Carolina, where he married another. The wife then left this State, and resided with her friends at Providence, in Rhode Island; in the Supreme Judicial Court of which…
1Opinion of the Court
The opinion of the Court was read at an adjourned session in Cumberland, in August following, as drawn up by
Weston J.
The contract of marriage is of universal obligation”; and by the law and practice of all civilized nations, a marriage valid by the law of the place, where it is entered into, is binding every where. Huberus, de conjlictu legum,. sec. 8, holds, that if parties domiciled in one jurisdiction, go into another, and enter into the contract of marriage, in a form and manner, and under circumstances, forbidden by the law of their domicil, and with a view.to evade that law, such…
2Cases cited10 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Belanger v. BelangerSupreme Judicial Court of Maine · 1968
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Cohen v. CohenSuperior Court of Delaware · 1912
- Gould v. CrowSupreme Court of Missouri · 1874
8 more not listed; retrieve them via the Exa API.