Port v. Port

Citations

• 70 Ill. 484

Syllabus

<p>1. Makriage —presumption of. The cohabitation of two persons of different sexes, and their behavior, in other respects, as husband and wife, always afford an inference, of greater or less strength, that a marriage has been solemnized between them; yet such inference is destroyed by evidence that no marriage, in fact, ever was solemnized.</p> <p>2. Same—whether valid if entered into according to common lam. Where the statute does not prohibit or declare void a marriage not solemnized in accordance with its provisions, a marriage without observing the statutory regulations, if made according to the common law, will still be valid.</p> <p>3. Same—evidence of, at common law. By the common law, if the contract is made per verba de presentí, it is sufficient evidence of a marriage. If it be made per verba de futuro cum copula, the copula is presumed to have been allowed on the faith of the marriage promise, and that the parties, at the time of the copula, accepted of each other as husband and wife; hut this is only a rule of evidence, and it is always competent, in such cases, to show that the fact was otherwise.</p> <p>4. If the woman, in surrendering her person, is conscious that she is committing an act of fornication, instead of consummating her marriage, the copula can not be connected with any previous promise, and marriage is not thereby constituted.</p>