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
[510] Van Voorhis _v._ Brintnall, 86 _N. Y._, 18; reversing s.c.
23 HUN, _N. Y. Supreme Court Reports_, 260; as summarized in
BRIGHTLY, _Digest of the Decis. of all the Courts of N. Y._, II,
2531, 2532, where the later cases are cited. _Cf._ especially
Thorp _v._ Thorp (1882), 90 _N. Y._, 602; and Moore _v._ Hegeman
(1883), 92 _N. Y._, 521.
[511] H. J. WHITMORE, "Statutory Restraints on the Marriage of
Divorced Persons," _Central Law Journal_, LVII, 447; Smith _v._
Woodworth, 44 BARBOUR, _Chancery Reports_, 198.
[512] Bullock _v._ Bullock, 122 _Mass. Reports_, 3; Clark _v._
Clark, 8 CUSHING, _Mass. Reports_, 385; Succession of Hernandez,
46 _La. Ann._, 962; 15 _So. Rep._, 461.
During the century the statutes of New Jersey have in effect,
though not expressly, allowed either person absolute freedom of
remarriage after divorce.[513] A different rule has been followed
in Pennsylvania and Delaware. By a law of the former state in 1785,
"he or she, who hath been guilty of the adultery, may not marry the
person with whom the said crime was committed, during the life of
the former husband or wife."[514] This provision is still in force;
and, except in the single case specified, the law of that state
puts no restriction whatever upon the remarriage of either person
after a decree dissolving the marriage tie. Since 1832 with respect
to remarriage the law of Delaware has in substance been identical
with that of the sister-commonwealth, except that the prohibition of
marriage with the paramour is not confined to the lifetime of the
former spouse.[515]
[513] The law provides that the penalties for "polygamy" shall
not extend to persons marrying after having been lawfully
divorced from the bonds of matrimony: _Gen. Stat. of N. J._, I,
1057. _Cf._ _ibid._, II, 1267 ff.
[514] _Cf._ the act of 1785: CAREY AND BIOREN, _Laws of the
Com._, III, 105; PEPPER AND LEWIS, _Digest_, I, 1646, 1647.
[515] _Cf._ the act of February 3, 1832: _Laws_, 150, with _Rev.
Stat. of Del._ (1893), 598.
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