Legal Opinion

People v. Brown

Michigan Supreme Court

Decided June 20, 1876PublishedCited by 7 opinions

Exceptions from Recorder’s Court of Detroit. argued that a bigamous marriage is always void; that no man can. lawfully marry when he is already married; that the gist of the offense is the going through the ceremony of marriage and living with the woman as if married when the party is already lawfully married; that the violation of two statutes does not relieve from liability under either; that two wrongs do not make a right; that even where the second marriage is incestuous…

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Exceptions from Recorder’s Court of Detroit. argued that a bigamous marriage is always void; that no man can. lawfully marry when he is already married; that the gist of the offense is the going through the ceremony of marriage and living with the woman as if married when the party is already lawfully married; that the violation of two statutes does not relieve from liability under either; that two wrongs do not make a right; that even where the second marriage is incestuous the offender is nevertheless liable for bigamy. — Bishop on Staf. Or., § 59 0-2, and note 1; Rex v. Penson, 5 C. & P.,…

1Opinion of the Court

Cooley, Ch. J:

The defendant seeks to avoid the penalties of a bigamous-marriage by showing that he is a negro, and that the other party to the marriage was a white woman, with whom under the statute it was impossible for him to contract marriage-at all. — Gomp. L., § 4724. The argument is, that if the ceremony of marriage has taken plaee between parties who, if single, would be incapable of contracting marriage, the-marriage ceremony is merely idle and void, and the respondent cannot be said to have been married the second time-at all.

The logic of the argument is- not very obvious. It…

2Cases cited1 opinion

  1. Hayes v. . the PeopleNew York Court of Appeals · 1862

3Cited by7 opinions

  1. Williams v. WilliamsWisconsin Supreme Court · 1885
  2. In Re Meredith's EstateMichigan Supreme Court · 1937
  3. People v. MendenhallMichigan Supreme Court · 1899
  4. Stevens v. StateCourt of Criminal Appeals of Texas · 1951
  5. Holz v. StateCourt of Criminal Appeals of Oklahoma · 1937

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