Legal Opinion

Fisher v. Bernard

Supreme Court of Vermont

Decided July 1, 1893Published

Petition to annul a marriage for the reason that the female party had not arrived at the age of legal consent. Trial by court at the September term, 1892, Rowell, J., presiding. It appeared that the female was more than twelve years old at the time the marriage was contracted, and the court held as matter of law that she had then attained the age of legal consent and dismissed the petition. The petitioner excepts.

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Petition to annul a marriage for the reason that the female party had not arrived at the age of legal consent. Trial by court at the September term, 1892, Rowell, J., presiding. It appeared that the female was more than twelve years old at the time the marriage was contracted, and the court held as matter of law that she had then attained the age of legal consent and dismissed the petition. The petitioner excepts. By the age of legal consent is meant the age at which a female can legally consent to carnal intercourse, and that, by statute in Vermont, is fourteen years. Peo-ple v. Slack, 15…

1Opinion of the CourtMunson, J.

The petitioner seeks an annulment of the marriage of his daughter, contracted when she was thirteen years of age, on the ground that she was then within the period of disability. R. L. 2,349 provides for the annulment of a marriage when either party had not, at the time of the marriage, attained “the age of legal consent.” By No. 63, acts of 1886, the age under which a female person was held incapable of consenting to unlawful carnal knowledge was raised to fourteen years, and the petitioner contends that this alteration effects an extension of the period within which a female child is…

2Cases cited1 opinion

  1. Pool v. PrattSupreme Court of Vermont · 1814

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