A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[505] Since 1861 these marriages have thus been void without
judicial proceedings; while those below the age of consent, or
when there was want of understanding, or when obtained by fraud
with no subsequent voluntary cohabitation, are void from the
time a decree of nullity is pronounced. But a marriage shall in
no case be adjudged a nullity, on the ground of being under age
of consent, if the parties cohabited freely after reaching that
age; nor the marriage of an insane person, if there be similar
cohabitation after restoration to reason: act of March 28: _Laws_
(1861), 96, 97; same in _Comp. Laws_ (1900), 115.
[506] _Cf._ the act of Nov. 28: _Laws_ (1861), 96-99; that of
Feb. 15: _Laws_ (1875), 63; and _Comp. Laws_ (1900), 115-18.
Partial divorce is not recognized; but the common law, as
administered by the ecclesiastical courts, is a part of the law
of Nevada, so far as not superseded by statute: Wuest _v._ Wuest,
17 _Nev._, 216. For the interpretation of extreme cruelty see
Reed _v._ Reed, 4 _Nev._, 395; Gardner _v._ Gardner, 23 _Nev._,
207; Kelley _v._ Kelley, 18 _Nev._, 48.
For Alaska the act of Congress does not authorize partial divorce;
but marriage may be dissolved for (1) impotency; (2) adultery; (3)
conviction of felony; (4) two years' wilful desertion; (5) "cruel
and inhuman treatment, calculated to impair health or endanger
life;" or (6) habitual gross drunkenness contracted since marriage
and continuing one year before the suit.[507]
[507] _U. S. Stat. at Large_, XXXI, 408-10; _Laws of Alaska_
(1900), 243-46.
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