, 1873-08-09
THE LAW COURTS.l
Important Decision by Judge Wal
lace in the Willig Case.
Conditions on which a C0n1m0n-llaW
Marriage Is Legal in this
State,

Marriage is Legal in this
''''''
Bankruptov Matters-~.The Courts Con.
5ansaa. sNew sn;ta'
-
Judgo Wal1nco, In tho County Court. yesterday.
delivered tlo following opiuion in tho mattor Of
II. Willig, for tho removal Of Mary Wil1ig, ADJ
miuiatrstri1:
te application Of ono Of Tic lora to have Tug present
the widow Of tho deceased, aottloib willg nnl. not
ncnR saoh WIDOW hat nor letters o.
to DO aetorminei is wlothor tho common
law Of England In relation to tho state q mhtrinony
II force nt tho present % n GF een1 NJ e m9 an ssn
these parties comuoncoa living toEetne1. anu sncH.
Tho Revised Statutes Of Illinois, 1sa5, contain this
seSiion: ~ ,.u =, a.. ,,,r,
is applicable and Of general nature, and s stat9ea
or ncs Of tho british Parainont mne n e'd oi ana 70
ar5 Il general naure nd not locnl to ,hst knglon
ahnll bo th9 rule Or deGsloh, anu sna po I'd q a
force unsi m repealed by les'alas''o "o'nofs' 'Eosa
WILL bo aoeh from that aecton tAat IN oraer 10 Het
d ot e m oi H. y 20 e nt
1t would require tno same 70 relea tae c9
Icy on h aepfe 4o s weto @
thore Is repealng satate tena We na none In this
case} that tho statute sought TO haYo poem fepeaod
Viz n' Us 'ss sea Sss
y, nnsas taos I'll. afo ts repealeu oy Hnplea- d.
from tho terms Of tho subsequent statute did tho Leg
wo turn to Chap. 90. &c., 3, Of Gross, 1871, ind
society, church, or denomination. may celebrate thcr
marriage according TO tho rules anil principles OF hnch
lisoua soeicy, church, Or denomination, rogstered
Us hereinafter drocted sha be oV1dence OF 6ucl mar
rtage.
This is erisson to parties to celebrate their mar
ragcs in accordance with their religious bolioa or de-
their marriages in any othor why. That section Ia not
inconsistent with tho common law tho subject, md
therefore does not reneal by implication tho common
Any rorsons wishins 70 marry or y !oinea u mar
Or society to which ie belongs any Justice Of tho
e Peaoo al IL
such manner and form as shall be most agreeable.
ThS hs st,s h G s sse Of rhsv s n
control tint the Legislature haa assumed a. to how
marriagea shall bo celebrated n hs State, md wo n1
anything IN thcm Inconsistent with the common law
on that subject. Hence. we havo como to the concu
ject Ia In foreo in thia State.
The question remaining now Is to IMPLY tho fects Of
hg t. tho eomm9n ~ aW ~ ThSro arc Two rules aa
whether partsea aro married or not. one is direct
promise from ono to the 9thes mutual promise end
declaration 70 mado might 10 either in writing or
verbally given: ~. ,,..,..,., mn. ,u,....
ae to whether It is necessary when thcre Is such
promise that T. shouiu 20 porn ntss OF nsereourso
husband and wife and to live together IN that state It
rule ts, when parties promise with oacl other to be-
como husband md vile IN the III that caae s
by direct egreoment, that the parties, in con1ranee
with that PROMISE lived together g nuch That is to
sSy ia t. is promise in faturo followed by inter-
Either Of these rules makes when evidence Ia com.
pete before tho Court tat either these coiitaons las
lawful @ marriage 1la ,,,o.. 49,,
Nov let us apply these rules 70 thc easc before ho
ease that y 70 st # ghat ths facts wers. There s
s5s snns s sh sse a IL sy s 5essr 1ss i IL ss
occasion about year after they arat COM
menced 1lSg hying together; TINT they In presence
woman etates positivoiy they lived together nus.
that thsy had children ana that tsy positively slePt
togSs,F IN he saS room d. oa
alton Of tho old himself TINT they woro nnrrled,
and to sustain tint Position 10 aeen,s to have referred
TO book printed Ill aerlna4 Which WaH stated to DO
waH this common law rnle-all that u vas noccs- g
sary for parties to 90 to be married. eer1lng to ha
book which, nH he thought WAS tho law OF tho land
they wero married. II addition to that. wo havo the
living to9iher 1or tweyo or fourteen years
e save &
all tho testimony tending to show that there was a
ngroement between theao parties. There seenied tc
ducng each other 10 strangers Or neghboFs. On tic
othef han mere Is o tes,mony q several neighborf
that WIS understood IN THO thnt thoy
bad neyor been married. At tho begnntng Of theii
there was some seandat anous It. Ihore