Alabama & Vicksburg Railway Co. v. Beardsley
Mississippi Supreme Court
From the circuit court of second district, Hinds county. I-IoN. Robert Powell, Judge. Mrs. Beardsley, the appellee, and one Mrs. Maud Staples were plaintiffs in the court below; the railway company, appellant, was defendant there.
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From the circuit court of second district, Hinds county. I-IoN. Robert Powell, Judge. Mrs. Beardsley, the appellee, and one Mrs. Maud Staples were plaintiffs in the court below; the railway company, appellant, was defendant there. The declaration was a joint one by the two plaintiffs; it demanded damages for the wrongful killing of one Seth Marvin Beardsley who was killed in a collision between trains on appellant’s railway, near Jackson, November 17, 1900; and it averred that plaintiff, Mrs. Beardsley, was the lawful wife and Mrs. Staples the lawful daughter of the decedent who was charged…
1Opinion of the CourtWhitfield, C. J.
Tbe law presumed the marriage of the appellee to be valid, in the absence of proof by appellant that there had been no divorce from the first wife, who was still living. This is a well settled rule. In Schimmisseur v. Beatrie, 147 Ill., 210, 214 (35 N. E., 525, 526), a precisely similar case, on this point the court said: ‘‘ When a marriage has been solemnized according to the forms of the law, every presumption will be indulged in favor, of its validity. The presumption is one in favor of innocence, as it will be presumed that a man will not commit tbe crime of bigamy by marrying a second…
2Cases cited8 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Goodwin v. SmithIndiana Supreme Court · 1880
- Yates v. HoustonTexas Supreme Court · 1848
- Boulden v. McIntireIndiana Supreme Court · 1889
- Johnson v. JohnsonIllinois Supreme Court · 1885
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3Cited by31 opinions
- Chancey v. WhinnerySupreme Court of Oklahoma · 1915
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Howard v. KellyMississippi Supreme Court · 1916
- Brown v. ParksSupreme Court of Georgia · 1931
- Walker v. MatthewsMississippi Supreme Court · 1941
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