Marvin v. Marvin
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court in Chancery. G. S. Cunningham, Judge. This was an action brought by William H. Marvin against his wife, Edna Marvin, for divorce, on the ground that the plaintiff consented to the marriage contract under duress.
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APPEAL from Franklin Circuit Court in Chancery. G. S. Cunningham, Judge. This was an action brought by William H. Marvin against his wife, Edna Marvin, for divorce, on the ground that the plaintiff consented to the marriage contract under duress. The complaint alleges that he was charged with the crime of seducing the defendant, of which he was innocent, and that being under arrest upon such charge, and having been assured by the defendant’s father (acting for her), that the proceeding against him would be dismissed on his marrying her, he con.sented to the marriage as a means of procuring…
1Per curiam
Marriage: Duress. If a man lawfully arrested on process for seduction marries the woman to procure his discharge, he cannot have the marriage avoided 'upon the ground of duress. been convicted will not alter the case, if the prosecution was The fact that he subsequently discovers that he could not have upon probable cause, and not merely from malice. Bish. Mar. and Div. sec. 212; 2 Kent, 453; Honnet v. Honnet, 33 Ark., 156.
The prosecution of the appellant was upon probable cause.
Let the decree be affirmed.
2Cited by9 opinions
- Griffin v. GriffinSupreme Court of Georgia · 1908
- Jacobs v. JacobsSupreme Court of Arkansas · 1920
- Kibler v. KiblerSupreme Court of Arkansas · 1930
- Union Life Insurance Company v. JohnsonSupreme Court of Arkansas · 1939
- Sims v. First Nat. Bank, HarrisonSupreme Court of Arkansas · 1979
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