Commonwealth v. Haylow

Citations

• 17 Pa. Super. 541
• 1901 Pa. Super. LEXIS 353

Syllabus

<p>Marriage — Proof of marriage — Reputation—Cohabitation—Desertion— Evidence.</p> <p>Marriage is a civil contract which may be completed by any words in the present time without regard to form, the essential to its validity being the consent of the parties able to contract.</p> <p>Although neither cohabitation nor reputation of marriage is marriage, yet when conjoined they are evidence from which a presumption of marriage arises, but this presumption may always be rebutted.</p> <p>The admissions by the parties of their marriage is in the nature of direct proof, and is competent evidence of the fact. When such admission is made under circumstances that show it to be against interest, it is evidence against the person making it with the same force and effect as any other admission against interest.</p> <p>In a proceeding by a wife against her alleged husband for nonsupport, it appeared that the parties had cohabited for about four years, and there was evidence of reputation of marriage. The wife testified that on the day “ we got married ” the defendant brought to her a marriage license, which was produced in court, and said that that was all that was necessary, that it was all right; that when he told her a marriage ceremony was not necessary she believed him; that if she had ever thought she was not his wife, she' would not have stayed with him; that she believed in her heart she was married; that he introduced her as his wife; and she was so received by her neighbors; that they lived and kept house together as man and wife, and that after they separated he continued for a time to contribute to her support. The evidence also showed that the defendant wrote to the petitioner a number of letters, addressing the envelopes to her as his wife. He also gave her a paper in which he used this language: “ I herewith agree to pay my wife the sum of $25.00 per month as long I live separated from her.” The defendant testified that their cohabitation was under an agreement that