Dunbarton v. Franklin
Superior Court of New Hampshire
Assumpsit for supplies furnished to one Rebecca Sawyer, a pauper, alleged to have her. settlement in Franklin, by virtue of her marriage with one Edmund Sawyer, who, it was admitted, had his settlement in Franklin. The defendant resisted the claim, on the ground that the pauper had never been married to Edmund Sawyer, and was not his wife, and whether the parties were ever married was the only question in controversy.
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Assumpsit for supplies furnished to one Rebecca Sawyer, a pauper, alleged to have her. settlement in Franklin, by virtue of her marriage with one Edmund Sawyer, who, it was admitted, had his settlement in Franklin. The defendant resisted the claim, on the ground that the pauper had never been married to Edmund Sawyer, and was not his wife, and whether the parties were ever married was the only question in controversy. It appeared on the trial that Sawyer and the pauper lived together in Franklin as husband and wife for about fourteen years, at the expiration of which time, about eight years…
1Opinion of the CourtGilchrist, C. J.
It appears from the case that the parties made a contract of marriage, lived together as husband and wife, and were reputed to be married.
The question is, whether these things are sufficient to constitute a marriage.
These events all happened before the passage of the Revised Statutes. Section 15 of chapter 147 of the Revised Statutes provides that no marriage, solemnized before any person professing to be a justice of the peace or minister of the gospel, shall be void on account of any want of jurisdiction in the justice or minister, or on account of any omission or informality in the…
2Cases cited5 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Merrill v. SherburneSuperior Court of New Hampshire · 1818
- Dow v. NorrisSuperior Court of New Hampshire · 1827
- Pettingill v. McGregorSuperior Court of New Hampshire · 1841
- State v. KeanSuperior Court of New Hampshire · 1839
3Cited by1 opinion
- Simpson v. City Savings BankSupreme Court of New Hampshire · 1876