McDeed v. McDeed

Citations

• 67 Ill. 545

Syllabus

<p>1. Evidence—of statute of another State. It is error to allow a statute of a foreign State to be proved by parol, but the subsequent introduction in evidence of the Statute book itself will obviate the error.</p> <p>. 2. Same—of the common law of another State. The common law of a foreign state may be proved by parol evidence. The usual course is to make such proof by the testimony of competent persons instructed in the law.</p> <p>3. Same —judicial notice. Courts will take notice of the construction given to foreign statutes by the foreign tribunals, and to enable them to do this, they have always been in the habit of looking to the reports of such tribunals.</p> <p>4. Same—seconda/ry evidence. For the purpose of proving the date of a person’s birth, the Court admitted in evidence a copy of entries, from a leaf in the family bible containing that of the person whose age was in question. The onlyproof to authorize this was the testimony of the witness that he made such copy at the request of one of the family; that the original leaf was somewhat worn and blotched, but could be distinctly read, and that the paper was wet and damaged some, and that he did not know what had become of the original leaf: Held, that the absence of the leaf containing the original entry was not sufficiently accounted for to justify the admission of the copy as evidence.</p> <p>5. Mabbiage—what lorn governs its validity. The law of the State where a marriage takes place, must control as to its validity. Thus, when a person was married in the State of Ohio, and before arriving at the age of eighteen he disaffirmed the marriage by refusing to live with his wife after arriving at such age, it was held, that the laws of Ohio which made the marriage void, must control in this State, as to the question of heir-ship and the descent of property, and that the children of such marriage could not take to the exclusion of children by a subsequent marriage.</p> <p>6. Evidence—instruction as to the am