Legal Opinion

State v. St. John

Missouri Court of Appeals

Decided April 29, 1902PublishedCited by 9 opinions

Appeal from Lewis Circuit Court. — Mon. Edwin B. McKee, Judge. (1) To constitute a common-law marriage between defendant and the woman Nell St. John — properly “Nell Pollett,” it devolved upon the State to prove the following facts: first, that defendant and said Mrs. Pollett lived and abided together as husband and wife; second, that they cohabited together as husband and wife; thii’d, that they held each other out, as husband and wife, among the people where they lived;…

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Appeal from Lewis Circuit Court. — Mon. Edwin B. McKee, Judge. (1) To constitute a common-law marriage between defendant and the woman Nell St. John — properly “Nell Pollett,” it devolved upon the State to prove the following facts: first, that defendant and said Mrs. Pollett lived and abided together as husband and wife; second, that they cohabited together as husband and wife; thii’d, that they held each other out, as husband and wife, among the people where they lived; fourth, that there was a general repute, or reputation among the people where they lived, that they were, in fact, husband…

1Opinion of the CourtBarclay, J.

Defendant has appealed from a judgment of conviction upon an indictment for misdemeanor defined by section 3798 (R. S. 1889, same as sec. 2175, R. S. 1899). The charge refers to the first and second specifications contained in said section.

Defendant was fined $500, after a trial by jury. He preserved exceptions in due form to several rulings on which he has assigned error in this court.

The State offered evidence tending to show that a marriage ceremony was performed in Missouri, October 31, 1894, between defendant and a woman with whom he has lived as husband and wife ever: since, at La…

2Cases cited9 opinions

  1. Klein v. LaudmanSupreme Court of Missouri · 1860
  2. Long v. MartinSupreme Court of Missouri · 1899
  3. State v. UlrichSupreme Court of Missouri · 1892
  4. Adair v. MetteSupreme Court of Missouri · 1900
  5. State v. . BehrmanSupreme Court of North Carolina · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
  2. State v. HansbroughSupreme Court of Missouri · 1904
  3. State v. StewartSupreme Court of Missouri · 1906
  4. State v. EdwardsSupreme Court of Missouri · 1907
  5. In re Estate of James, Superior Court of California, County of San Francisco1897

4 more not listed; retrieve them via the Exa API.

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