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Batesville, Independence County, Arkansas
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The Supreme Court of Alabama affirmed a conviction for a marriage fraud conspiracy, ruling that marriages are valid without a license or authorized ceremony if parties formally declare intent as husband and wife in witnesses' presence.
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Interesting Decision. -- The Supreme Court of Alabama has just decided an important principle in relation to the validity of the Forms, without the legal sanctions of marriage. The question presented was whether such a conspiracy had been proved as was punishable by law. Several persons combined to accomplish a wicked purpose. They forged a marriage license, showed it to the young lady and her parents as evidence of the good faith of the suitor; and one of his associates falsely represented himself to be a justice of the peace, authorized to perform the rites of matrimony -- whereupon consent was yielded, and the usual ceremony was repeated by the pretended magistrate. Afterwards, the cheat was detected, and the parties to it were indicted for a conspiracy. The only one found was tried and convicted in the Circuit Court of Butler. On points reserved as novel and difficult, the Supreme Court has delivered an opinion affirming the judgment below and indicating by the numerous authorities cited, that marriage, being a civil contract, is valid where the persons united declare their intention to be husband and wife in a formal manner, in the presence of witnesses, even though no marriage license has been obtained, nor the usual ceremony administered by an authorized person. This, says the Tuscaloosa Monitor, will open the eyes of those who sometimes in levity undergo a mock ceremony of marriage.
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Domestic News Details
Primary Location
Alabama
Outcome
conviction affirmed in circuit court of butler; supreme court opinion establishes validity of informal marriages based on formal declaration of intent.
Event Details
Several persons forged a marriage license and impersonated a justice to deceive a young lady and her parents into consenting to a mock marriage ceremony. The fraud was detected, leading to indictment and conviction for conspiracy. The Supreme Court affirmed the judgment, ruling that marriage as a civil contract is valid without license or authorized ceremony if intent is declared formally in witnesses' presence.