Hornbake v. Hornbake

Citations

• 72 Pa. Super. 605
• 1919 Pa. Super. LEXIS 374

Syllabus

<p>Husband and wife — Former marriage — Annulment—Act of April U, 1859, P. L. 617.</p> <p>A decree, under the provisions of the Act of April 14, 1859, P. L. 647, annulling a marriage on 'the ground of a valid subsisting former marriage, will not be disturbed where the findings of the jury are supported by sufficient evidence that respondent was married in 1892, lived and cohabited with his first wife for several years, that the parties were recognized as man and wife; that the respondent subsequently left his wife and married the libellant in 1910, and lived with her until 1916.</p> <p>A marriage ceremony, however defective, may create the relation of husband and'wife, if subsequently ratified by cohabitation, the birth of children, and the holding fort! by both parties as man and wife. A mere failure to secure a marriage license, while it might lay the parties open to prosecution or fine, does not avoid the marriage relation, and after such relation had been existent, a second marriage was invalid and should be annulled.</p>