Legal Opinion

Cook v. Cook

Massachusetts Supreme Judicial Court

Decided February 26, 1887PublishedCited by 8 opinions

Libel for a sentence of nullity of marriage. Hearing before W. Allen, J., who -reported for the determination of the full court the following case: The parties were married on November 20, 1882, both being residents of this Commonwealth. The alleged reason of the invalidity of the marriage is that the libellee had a former husband living.

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Libel for a sentence of nullity of marriage. Hearing before W. Allen, J., who -reported for the determination of the full court the following case: The parties were married on November 20, 1882, both being residents of this Commonwealth. The alleged reason of the invalidity of the marriage is that the libellee had a former husband living. She was married in 1873 to John W. Cameron, and, on May 18, 1882, a decree of divorce nisi was duly entered in her favor against him in this court for the cause of desertion. On November 20, 1882, she duly filed her application to have the decree made…

1Opinion of the CourtField, J.

This libel is within the provisions of the Pub. Sts. e. 145, § 11. The decree of divorce nisi did not dissolve the bond of matrimony existing between Annie M. Cameron and John W. Cameron, and she was, at the time her marriage with the libellant was solemnized, the wife of Cameron. Her belief that her marriage with the libellant was valid is, in law, immaterial, for such a marriage is absolutely void. Pub. Sts. o. 145, §§ 4, 7. The facts reported do not bring the case within the Pub. Sts. c. 145, § 27. It is contended that the absolute decree of divorce entered on her libel against Cameron on…

2Cases cited5 opinions

  1. Fox v. DavisMassachusetts Supreme Judicial Court · 1873
  2. Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
  3. Moors v. MoorsMassachusetts Supreme Judicial Court · 1876
  4. Thompson v. ThompsonMassachusetts Supreme Judicial Court · 1874
  5. White v. WhiteMassachusetts Supreme Judicial Court · 1870

3Cited by8 opinions

  1. In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
  2. White v. WhiteWisconsin Supreme Court · 1918
  3. Pratt v. PrattMassachusetts Supreme Judicial Court · 1892
  4. Koffman v. KoffmanMassachusetts Supreme Judicial Court · 1907
  5. Tozier v. Haverhill & Amesbury Street Railway Co.Massachusetts Supreme Judicial Court · 1905

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