Davis Ex Rel. Davis v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining marriage is presumed valid unless the party challenging it proves one spouse was mentally incapable at the time of marriage and did not freely cohabitate after regaining capacity
• explaining “[e]xamination of authorities discloses that there is no precise definition of the term ‘unsound mind’, as employed by Section 14-0401, [NDRC 1943], and the difficulty of formulating a comprehensive definition long has been recognized”
• “[T]he best accepted test ... is whether there is a capacity to understand the nature of the contract and the duties and responsibilities which it creates.”

Source: CourtListener parenthetical corpus (CC0).