The Miscellaneous Reports Volume 113

The Miscellaneous Reports Volume 113

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...the age of legal consent, is abhorrent not only to a proper sense of justice, but also to the well settled rule that a marriage, valid where it is entered into, is valid here." In Earle v. Earle, 141 App. Div. 611, the court said: " The general rule is that the law of the matrimonial domicile of the parties governs in actions for divorce-the same rule by analogy applies to an action for the annullment of a marriage---regardless of where the marriage was solemnized or where the offense, which is the ground upon which the divorce is predicated was committed; bat in the absence of a statute of the State of the domicile of the parties expressly regulating marriages abroad, which it seems it is competent for the legislature to enact as to persons dom iciled within the State, the lex loci contractus governs as to the validity of the marriage unless the marriage be odious by common consent of nations, as where it ispolygamous or incestuous by the laws of nature." In Medway v. Needham, 16 Mass. 157, effect was given in Massachusetts to a marriage celebrated in Connecticut by a couple, one of whom was black and the other white, who were domiciled in-Massachusetts, the laws of which prohibited a marriage between them, and who went to Connecticut, where the laws did not prohibit such a marriage, for the express purpose of marrying and with the intention of returning, as they did. At that time, the laws of Massachusetts did not expressly prohibit such marriages in another state. Legislation to affect this condition was afterward had (Rev. Stat. of Mass. chap. 75, 6; Gen. Stat. chap. 106, 6) in these words: "Where persons resident in this State, in order to evade the preceding provisions and with an intention of...
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Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236983254
  • 9781236983251