[DOWNLOAD] "Cross v. Cross" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Cross v. Cross
- Author : Supreme Court of Montana
- Release Date : January 15, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Submitted February 23, 1940. Marriage ? Annulment ? Lack of Legal Age of Husband ? Marriage Contracted in Another State ? Jurisdiction ? Consent of Parents ? Evidence Held to Show Consent. Marriage ? Annulment ? Jurisdiction Where Marriage Solemnized in Another State. 1. In the absence of a statutory provision providing otherwise, jurisdiction of a suit for the annulment of a marriage solemnized in another state, depends upon the residence or domicile of the plaintiff; hence where the domicile of both parties was in Montana and the marriage was solemnized in Idaho the marriage could be attacked in this state by the mother of one of the contracting parties, although under section 5707, Revised Codes, the validity of the marriage had to be determined by the requirements of the state of Idaho. Same ? Lack of Consent of Parents ? Consent not Required to be in Writing and Acknowledged. 2. Held, in an action for the annulment of a marriage of one under age contracted in the state of Idaho, that the statute of neither Idaho nor of Montana providing for annulment by reason of the lack of consent of the parents, requires that such consent shall be in writing and acknowledged, but refers to lack of actual consent, no matter how expressed. Same ? Evidence Held Sufficient to Show Consent of Both Parents. 3. In a proceeding for the annulment of a marriage on the ground that the son of plaintiff was not of statutory age at the time of its solemnization and did not have the necessary parental consent, evidence, conflicting in character, held to show that consent to the marriage was given by both parents.