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" Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. "
The Central Law Journal - Page 323
1891
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California Appellate Decisions, Volume 10

California. District Courts of Appeal - 1910 - 1024 pages
...the state of Missouri, as in our own state, precludes the possibility of a marriage between slaves. "Marriage is considered in law as a civil contract, to which the consent of parties capable in law of contracting is essential." In State v. Bittick, 103 Mo. 183, 11 LRA 587,...
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Bulletin

1949 - 786 pages
...4053) . 19. Validity of Common-Law Marriage. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential (sec. 4050) . A common-law marriage may not be contracted legally in the State after March 29, 1943...
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Wisconsin Session Laws, Volume 1

Wisconsin - 1959 - 1004 pages
...amended to read: 245.01 A CIVIL CONTRACT. Marriage, so far as its validity * * * at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife. ; SECTION 6. 245.02 of the statutes is renumbered...
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American law reports annotated, Volume 39

1925 - 1644 pages
...have so expressed itself, and not left the definition of a valid marriage in law 'a civil cantract to which the consent of the parties capable in law of contracting is essential.' " In State v. Thompson (1908) 76 NJL 197, 68 Atl. 1068, a prosecution for bigamy, the court said: "It...
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The Oklahoma Law Journal, Volume 4

1905 - 464 pages
...1, of the laws of Nebraska in regard to marriage, reads as follows: "In law, marriage is considered as a civil contract, to which the consent of the parties capable of contracting is essential." Section 4 of this Act provides for the qualifications of the parties...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 12

1910 - 970 pages
...the state of Missouri, as in our own state, precludes the possibility of a marriage between slaves. "Marriage is considered in law as a civil contract, to which the consent of parties capable in law of contracting is essential." In State v. Bittick, 103 Mo. 183, [23 Am. St....
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 35

California. Supreme Court - 1906 - 868 pages
...as a witness in his own behalf. The instructions given to the jury by the court were as follows : " Marriage is considered in law as a civil contract, to which the consent of the parties is essential ; and, like every other contract, all that is necessary to its validity is the deliberate...
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Homosexuality and the Constitution: Homosexual conduct and state regulation

Arthur S. Leonard - 1997 - 424 pages
...("Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential.") (emphasis added). The emphasized language was added to the statute following the decision in Baker...
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Legally Wed: Same-sex Marriage and the Constitution

Mark Philip Strasser - 1997 - 258 pages
...("Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential.") (italics added). The Minnesota legislature added the italicized words in 1977. In 1971, Richard Baker...
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Defense of Marriage: Does it Need Defending?

James Perkins - 2004 - 136 pages
...h. Men are forbidden to marry kindred, i. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife. State Statute Marriage Definition* NonRecognition...
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