Davis v. Davis

Citations

• 7 Daly 308

Syllabus

<p>It is a general and universal law that all that is essential to constitute a marriage-between parties competent to contract it, is their mutual consent to enter into the marital relation. This consent must be clearly expressed and made known, but no particular ceremony, or form of words, or cohabitation is essential to constitute the marriage. This general law will-be presumed to be the law of any-civilized country until a qualifying or restrictive law of that country is shown.</p> <p>Where a form or ceremony of marriage has been proven, it is prima facie evidence of marriage, and the burden of proof to show that the form or ceremony did not include the necessary elements to constitute a marriage is upon the j>arty disputing the marriage. ,®</p> <p>There is no rule of law that requires, in a civil action in which the issues are such that a determination adverse to a party will be all adjudication of the fact that he has committed a crime, the same amount and conclusiveness of evidence as would be required to find the party guilty upon an indictment for that crime. Per Van Hoesen, J.</p> <p>Admissions made by a party to an action of a fact within his knowledge and adverse to his interest are strong evidence and conclusive, unless there is other evidence in the case qualifying the admissions, or showing that they are erroneous ; but the testimony of a witness that he has heard a party to the action make such admissions is weak and inconclusive evidence.</p>