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· 9/26/1921

In re the Estate of Emmans

Citations

  • 117 Wash. 182
  • 200 P. 1117
  • 1921 Wash. LEXIS 1035

Syllabus

<p>Marriage (14) — Proof of Míarriage — Evidence—Sufficiency. Marriage of parties is sufficiently proved by the testimony of the surviving wife that they were married during a trip to Canada, although she could not produce the marriage certificate or remember the town where, or the clergyman by whom, they were married, where a number of witnesses testified to having seen the certificate, and there was evidence that the parties publicly held themselves out as man and wife until the death of the husband some ten years later (Mackintosh and Holcomb, JJ., dissenting).</p> <p>Appeal (452) — Review—Harmless Error — Errors Not Affecting Trial De Novo. Where a cause is triable de novo on appeal, error of the court in imposing the burden of proof on one of the parties is immaterial.</p>

Judges: Bridges, MacKintosh

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