Commonwealth v. Graham
Massachusetts Supreme Judicial Court
Complaint, under the St. of 1885, c. 176, for the non-support of the defendant’s wife. At the trial in the Superior Court, before Hopkins, J., there was evidence tending to show that the defendant was nineteen years of age at the time of his marriage, and twenty when the complaint was made; that the marriage was solemnized in Maine, whither the defendant and his prospective wife had repaired for the sole purpose of evading that provision of law of this Commonwealth which…
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Complaint, under the St. of 1885, c. 176, for the non-support of the defendant’s wife. At the trial in the Superior Court, before Hopkins, J., there was evidence tending to show that the defendant was nineteen years of age at the time of his marriage, and twenty when the complaint was made; that the marriage was solemnized in Maine, whither the defendant and his prospective wife had repaired for the sole purpose of evading that provision of law of this Commonwealth which requires the written consent of the defendant’s father to the marriage; that the marriage was consummated without the…
1Opinion of the CourtField, C. J.
The exceptions recite that the “ defendant was nineteen at the time of his marriage, and twenty when the complaint was made.” The age of the wife nowhere appears, but it was not contended that she was under the age of consent. If the marriage had been solemnized within the Commonwealth, it would have been valid. Pub. Sts. c. 145, § 6. Parton v. Hervey, 1 Gray, 119. It is not contended that the marriage was void by the laws of Maine, but we cannot take judicial notice of the statutes of Maine, and the common law of that State must be *75presumed, in the absence of evidence, to be the same as the…
2Cases cited4 opinions
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1873
- Town of Sherburne v. Town of HartlandSupreme Court of Vermont · 1865
- Burr v. WilsonTexas Supreme Court · 1857
- Town of Northfield v. Town of BrookfieldSupreme Court of Vermont · 1877
3Cited by35 opinions
- Middleton v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1934
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
- Sturgis v. SturgisOregon Supreme Court · 1908
- Dudley v. DudleySupreme Court of Iowa · 1911
- Commonwealth v. ReillyMassachusetts Supreme Judicial Court · 1924
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