Case v. Case

Citations

• 17 Cal. 598

Syllabus

<p>In suit for divorce on the ground of adultery, the marriage will not be inferred from matrimonial cohabitation, with the reputation of being married persons, if the result of such inference be to prove defendant guilty of bigamy. In such cases actual marriage must be proven.</p> <p>The one hundred and twenty-first section of the Act concerning Crimes and Punishments, as to proof of marriage in prosecutions for bigamy, does not so change the common law rule as to make mere cohabitationpro of of marriage. This section simply obviates the necessity of proving the marriage by documentary or record evidence.</p>