Johnson v. Johnson
Supreme Court of Missouri
Appeal'from St. Louis Circuit Court. Marriage being a civil contract, to which the consent of the parties capable in law of contracting is essential, the second pretended marriage of appellant was void.
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Appeal'from St. Louis Circuit Court. Marriage being a civil contract, to which the consent of the parties capable in law of contracting is essential, the second pretended marriage of appellant was void. (Anderson v. Poin-dexter, 6 Ohio St. 622 ; Smith v. The State, 9 Ala. 990-6; "Howard V. Howard, 6 Jones; 2,35 ; Malinda v. Gardner, 24 Ala. 719 ; State v. Samuel, 2 Dev. & Bat. 177.) Marriages of slaves are to be deemed null and void.' (Bishop oh Mai1, and Div., ed. 1864, §§ 156-8; Stanley "v. Nelson, 28 Ala. 514; B. C. 1845, ch. 167, p. 1014, § 7; Elliott v. Gurr,'2 Phillimore, 16; Browning…
1Opinion of the CourtWagner, Judge
The respondent instituted a suit for divorce against the appellant, in the St. Louis Circuit Court, on the ground of cruel and inhuman treatment, and, upon a bearing, a divorce and alimony were decreed. The parties are both negroes, and the appellant was formerly a slave ; and the question presented by the record is new in this court, and may be of interest to persons similarly situated.
It seems that Demás, the appellant, was a slave in Virginia, belonging to a Mr. Mason ; that whilst be lived there he'marlied 'a negress,- also a slave, by whom be bad three children. ■ His wife and children…
2Cases cited4 opinions
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Wightman v. WightmanNew York Court of Chancery · 1820
- Malinda v. GardnerSupreme Court of Alabama · 1854
- Broh v. JenkinsSupreme Court of Louisiana · 1821
3Cited by14 opinions
- Renfrow v. RenfrowSupreme Court of Kansas · 1899
- Washington v. WashingtonSupreme Court of Alabama · 1881
- Daniel v. SamsSupreme Court of Florida · 1880
- Estate of Guthery v. WetzelMissouri Court of Appeals · 1920
- Keen v. KeenSupreme Court of Missouri · 1904
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