114 Mass. 566 | Mass. | 1874
To constitute a valid marriage by the law of this Commonwealth, it must be solemnized between parties competent to contract it, and (except in the case of Quakers) before a person being or professing to be a justice of the peace or minister of the gospel. Milford v. Worcester, 7 Mass. 48. Gen. Sts. c, 106, §§ 14-20.
At the time of the ceremony of marriage between these parties, the husband was incapable of contracting marriage in this
The case, as stated in the report, shows that such new solemnization was not proved to the satisfaction of the presiding judge as matter of fact, and does not require it to be presumed as matter of law. Northfield v. Plymouth, 20 Vt. 582. The mere belief of either or both parties that they were husband and wife does not constitute a legal marriage. White v. White, 105 Mass. 325. A decree of nullity must, therefore, be entered as prayed for. Glassy. Glass, ante, 563.
Decree of rmllity.