The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-15
VOIOS HUNDREDS
OF MARRIAGES
California Judge Makes a
Sweeping Decision.
APPLIES TO MANY
NEVADA WEDDINGS
Over a Thousand Persons Guilty
of Unlawful COhabitatiOn.

San Francisco, June 11.-Judge Bel
cher today filed an important opinion
in which he holds that marriage of
divorced persons in this state consum-
mated within twelve months after the
decree of divorce has been made are in
valid and that, in the eyes of the law,
such persons are unmarried persons.
This affects probably more than LOCO
persons.
The opinion was in the suit brought
by Mrs. Abbie Rose Wood to recover
$4,000 from the estate of her late hus-
band, Joseph NJ. Wood, on a contract
executed Dec. 80, 1897, before the couple
were married.
Joseph NJ. Wood was a well known
and wealthy attorney and on the date
stated he signed a contract to pay
Mrs. Abbie r. Smith. a divorced wo-
man, $4,000 as a marriage dowery. At
ter the contract was made the couple
went to Nevada and were married
Jan. 1, 1898 within less than one year
from the date of Mrs. Smiths divorce.
The couple returned to this city, where,
on June 10, 1888. Mr.. Wood died. leav-
ing property worth 100000 and several
children by former wife.
Wanted More Than $4,000.
Although Mrs. Wood was well pro-
vided for in the will, she held the eX-
ecutors of the estate to the ante-nuptial
contract and demanded an addi-
tiOnal $4,000 from the estate. This be-
ing refused, suit was brought to re-
cover.
In the trial of the case the validity
of the marriage under -She provisions
of the civil code was questioned. as
the second marriage was entered into
by the plaintiff within five months after
her divorce was granted, although the
law specifically provides that one year
shall elapse after divorce before an
other marriage can be contaminated,
unless the divorces themselves wish to
re-marry.
Holds the Marriage Illegal.
In his decision Judge Belcher holds
that marriage between such parties is
clearly illegal and rendered Judgment
with costs in favor of defendants
The question of the validity of the
ante-uuptial contract signed by MIR.
Wood was considered. The court held
that at the time il was signed Mrs.
SmithWoOd possessed no legal capa-
city to marry any person Save her di-
VOrced husband, and the contract,
! therefore, was against the law and can
not be enforced.
Affects Many Husbands.
The opinion viii be a blow to hun
| dreds of California couples who have
married at Reno, New, within the past
two years under the belief that a mar
rage outside of this state nullified the
law. inasmuch as the marriage cere-
mOny was not performed within the
jurisdiction of the courts Of California.
Cupid Danforth, the marriage
/ license clerk of this city, stated today
that he had refused licenses to over
500 divorced persons within the past
two years and of that number 500 were
married in Nevada in order to evade
/ the law of this state.
I over 1900 California couples have
/ been married at Reno since the enact
ment of the law. How many were mar
/ ried at Virginia City and other towns
/ in that state is unknown, but the num-
/ Der is considerable
In the language of Judge BeIcher
'all of those couple who now suppose
, themselves married are holding mere
/ tricious relations toward each other. -