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
[636] Milford _v._ Worcester (1810), 7 _Mass._, 48-58. See also,
to the same effect, Commonwealth _v._ Munson (1879), 127 _Mass._,
459-71; 34 _Am. R._, 411. In this case it is correctly held that
Justice Bigelow's decision in Parton _v._ Hervey (1854), 1 GRAY,
119, that the statute is merely "directory," relates to banns
and parental consent, and not to solemnization; for Milford _v._
Worcester is cited as authority.
[637] See the opinion of Judge Redfield in Northfield _v._
Plymouth (1848), 20 _Vt._, 582, holding that a common-law
marriage could not be regarded as valid without "virtually
repealing our statutes," thus reversing the doctrine of Newbury
_v._ Brunswick (1829), 2 _Vt._ 151; 19 _Am. D._, 703; and consult
especially Morrill _v._ Palmer (1895), 68 _Vt._, 1-23, holding
"that what ... Kent calls the 'loose doctrine of the common law,'
in relation to marriage, was never in force in this state."
[638] See the opinion of Chief Justice Gilchrist in Dumbarton
_v._ Franklin (1848), 19 _N. H._, 257, rejecting as irrelevant
Judge Woodbury's _obiter dictum_ in Londonderry _v._ Chester
(1820), 2 _N. H._, 268-81, usually cited to sustain the
common-law marriage; but this objection to it is scarcely valid.
[639] S. _v._ Hodskins (1841), 19 _Me._, 155-60; 36 _Am. D._,
743. _Cf._ Ligonia _v._ Buxton, 2 _Me._, 95. According to Hiram
_v._ Pierce, 45 _Me._, 367, the statute of Maine, like that of
Massachusetts, is only directory regarding parental consent in
case of minors.
[640] _Gen. Stat. of Ct._ (1902), 1086. According to REEVE, _Law
of Husband and Wife_, 252 ff.; followed by KENT, _Commentaries_,
II, secs. 87 ff., the common-law marriage was formerly good in
Connecticut.
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