Norcross v. Norcross
Massachusetts Supreme Judicial Court
Libel for a divorce, filed in this court on February 23, 1886. Answer, a denial of the marriage. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows.
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Libel for a divorce, filed in this court on February 23, 1886. Answer, a denial of the marriage. Hearing before Devens, J., who reported the case for the consideration of the full court, in substance as follows. On the issue of a marriage between the parties either in New Hampshire, New York, or in this Commonwealth, it appeared from the testimony of the libellant and libellee, that in 1863-64 the parties, being engaged to be married, while alone in the house of the libellant’s father, whose name was Taylor, at Little-ton, New Hampshire, entered into a mutual agreement of marriage, of which…
1Opinion of the Court
Allem", J.
In this case, the libellant and the libellee both testified, so that the court was not left to draw inferences merely from circumstances. It was found as a fact that there was no ceremony of marriage in the presence of the libellant’s father in New Hampshire, and there was no evidence of any such ceremony elsewhere in the presence of any person authorized or supposed to be authorized to solemnize a marriage. According to the law of New Hampshire, as declared in Dunbarton v. Franklin, 19 N. H. 257, if parties enter into a contract of marriage between themselves, and live together in…
2Cases cited4 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Commonwealth v. MunsonMassachusetts Supreme Judicial Court · 1879
- Randlett v. RiceMassachusetts Supreme Judicial Court · 1886
3Cited by11 opinions
- Compton v. BenhamIndiana Court of Appeals · 1908
- Harleysville Mutual Casualty Insurance v. CarrollSuperior Court of Delaware · 1956
- State Ex Rel. Smith v. Superior CourtWashington Supreme Court · 1945
- Vergnani v. GuidettiMassachusetts Supreme Judicial Court · 1941
- In Re Binger's EstateNebraska Supreme Court · 1954
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