Moore v. Whitaker

Superior Court of Delaware

Moore v. Whitaker

2 Del. 50

DecidedJuly 1, 1836

StatusPublished

This text of 2 Del. 50 (Moore v. Whitaker) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Whitaker, 2 Del. 50 (Del. Ct. App. 1836).

Pincite

Opinion

Per cmiam.

The disability was a statutory one, a¡r<? is removed by statute. The legislature has the power to declare what shall be valid marriages. They can annul marriages already existing — a fortiori, they can render valid marriages, which when they - sh placo were against law. They can exercise the power of marria.o?, ,;r delegate it to others. The whole subject is one of legislative regulation; and the act to confirm this marriage, though contracted wkhin the prohibited degrees disposed of ail legal objection to its validity; [52]*52The plaintiffs are lawfully man and wife, and entitled to recover in this action.

Frame for plaintiff Bates for defendants.

Verdict for plaintiff.

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Per cmiam.

The disability was a statutory one, a¡r<? is removed by statute. The legislature has the power to declare what shall be valid marriages. They can annul marriages already existing — a fortiori, they can render valid marriages, which when they - sh placo were against law. They can exercise the power of marria.o?, ,;r delegate it to others. The whole subject is one of legislative regulation; and the act to confirm this marriage, though contracted wkhin the prohibited degrees disposed of ail legal objection to its validity; [52]*52The plaintiffs are lawfully man and wife, and entitled to recover in this action.

Frame for plaintiff Bates for defendants.

Verdict for plaintiff.

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Bluebook (online)

2 Del. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-whitaker-delsuperct-1836.