Legal Opinion

State Highway Board v. Lewis

Court of Appeals of Georgia

Decided December 20, 1932No. 22400PublishedCited by 6 opinions

1Opinion of the CourtHooper, J.

1. “Whoever attacks the validity of a marriage has the burden of proving its invalidity, by clear, distinct, and positive proof. The presumption as to the validity of a marriage can only be negatived by disproving every reasonable possibility.” Ward v. Ward, 24 Ga. App. 695 (102 S.E. 35).

2. “Where a second marriage by a person is established and it is shown that he or she had previously married another person who was living at the time of the second marriage, the presumption is that the first marriage had been dissolved by a decree of divorce, and the burden is upon the person attacking the…

2Cases cited4 opinions

  1. Nixon v. Wichita Land and Cattle Co.Texas Supreme Court · 1892
  2. Irving v. IrvingSupreme Court of Georgia · 1921
  3. Ward v. WardCourt of Appeals of Georgia · 1920
  4. Atlantic Bitulithic Co. v. MaxwellCourt of Appeals of Georgia · 1929

3Cited by6 opinions

  1. Addison v. AddisonSupreme Court of Georgia · 1938
  2. Brown v. StateSupreme Court of Georgia · 1951
  3. Atlanta, Birmingham & Coast Railroad v. ThomasCourt of Appeals of Georgia · 1940
  4. Lumbermens Mutual Casualty Co. v. ReedCourt of Appeals of Georgia · 1951
  5. Travelers Insurance Company v. LesterCourt of Appeals of Georgia · 1946

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