Womack v. Tankersley

Citations

• 78 Va. 242
• 1883 Va. LEXIS 33

Syllabus

<p>1. Marriage—Evidence—Registry.—Marriage is a civil contract. Its existence is provable like any other fact. Registry, certificate or persons present at its celebration, need not be produced. Deliberate admissions, and acts of a prisoner, coupled with cohabitation, is sufficient evidence to convict him.</p> <p>2. Idem—Idem—Admissions.—Deliberate admissions and acts are also competent evidence of the validity of a marriage, under the lex loci contractus.</p> <p>3. Idem—Rule of evidence.—Where the existence of the marriage is the issue, the rule of evidence is the same in civil as in criminal proceedings, and the decision must be on the weight of the evidence.</p> <p>4. Idem—Appellate court.—Where the court below has determined the fact of the existence of the marriage upon the weight of the evidence, the appellate tribunal will not overturn its decision, except in cases of manifest error or misconduct.</p> <p>5. Idem—Case at bar.—Here the existence of the marriage was established by the proof of the deliberate admissions and acts of the parties, and by their cohabitation and recognition as husband and wife, without the production of the registry or certificate, or persons present at its celebration.</p>