Morrill v. Palmer
Supreme Court of Vermont
Action on the case for deceit. Plea, the statute of'limitations. No replication was filed. Trial by jury at the September term, Orleans county, 1894, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The parties were husband and wife. There had been an agreement to marry, followed by uninterrupted cohabitation for thirty years. This would constitute a valid marriage at common law, and does in Vermont.
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Action on the case for deceit. Plea, the statute of'limitations. No replication was filed. Trial by jury at the September term, Orleans county, 1894, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The parties were husband and wife. There had been an agreement to marry, followed by uninterrupted cohabitation for thirty years. This would constitute a valid marriage at common law, and does in Vermont. Newbury v. Brunswick, 2 Vt. 151; Londonderry v. Chester, 2 N. H. 268; 2 Kent’s Com'., 86, 87; Reeves’ Dom. Relations, 196 and note 1. The statute~of…
1Opinion of the CourtTaft, J.
1. The defendant married Calista Adams in 1856, and cohabited with her at Newport, Orleans county, *5in this state, until 1859, at which time and place he left her.
She continued her residence at Newport, and obtained a divorce in Orleans county, in August, 1862. After the defendant left his wife in 1859, he went to Massachusetts, resided there for a time, and on the 7th day of Nov., i860, a marriage was solemnized between him and the plaintifF at Salem, in that state. Under our statute, R. L., s. 2309, and under the laws of Massachusetts, the marriage in November, 1860, was void.
It is insisted…
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