64 Neb. 300 | Neb. | 1902
This'cause is resubmitted upon arguments and briefs upon a rehearing granted from a former decision in the
The principal question discussed upon the reargument, and the only one with which we think it requisite to deal in this opinion, is that of the validity of the alleged marriage between the appellees Anna McG-uckin and Daniel L. McGuckin. The findings of fact relative to this inquiry are copied in the former opinion and need not be repeated here. The district court found, as a conclusion of law, that they were sufficient to establish the validity of the marriage. In this conclusion this court in its former opinion concurred. The facts found, are many of them evidential, rather than ultimate, in character. The beginning of the cohabitation was meretricious, each of the parties having a lawful spouse then living; but both these obstacles were soon afterwards removed by decrees of divorce, and thereafter the parties not only continued for a long term of years to live together as husband and wife, and to enjoy the repute of that relation, but continuously represented themselves to the public and individuals as being such. During the time, and before the making of the mortgage in question, five children were born of the union, whom their jjarents unitedly represented to the public, and caused to be baptized into church, as the children of lawful wedlock. That these facts and certain others, recited in the finding, would, if standing alone, be sufficient evidence of marriage, can not be doubted, and is explicitly admitted by counsel for the appellant in both brief and argument. But in connection with them, and as a part of the same finding in which they are set forth, the court also found that, although the parties made.promises to marry prior to the obtaining of the divorces, yet that such promises “were the only promises ever made, and that no new promise was made after the obtaining of the divorce by Daniel L. 'Mc-Guckin, nor was there any apparent change in their manner of living or holding themselves out as husband and
By the Court: For reasons stated in the foregoing opinion, it is ordered that the former decision of this court he adhered to, and the judgment of the district court
Affirmed.