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Selby v. Selby

Supreme Court of Rhode Island. PROVIDENCE
May 10, 1905
61 A. 142 (R.I. 1905)

Opinion

May 10, 1905.

PRESENT: Douglas, C.J., Dubois and Blodgett, JJ.

(1) Equity. Divorce. Voidable Marriage. The court will not take jurisdiction in equity for the purpose of annulling a marriage voidable on account of fraud in procuring it, while an ample remedy is provided by the statute relating to divorce, which forbids the granting of the same upon default or admissions by the pleadings or except upon trial before the court in open session.

BILL IN EQUITY for the purpose of annulling an alleged voidable marriage. Bill dismissed.

Irving O. Hunt, for complainant.


This court will not take jurisdiction in equity for the purpose of annulling a marriage, voidable on account of fraud in procuring it, while another ample remedy is provided by the statute relating to divorce, which forbids the granting of the same upon default or admissions by the pleadings or except upon trial before the court in open session. As was said in Leckney v. Leckney, 26 R.I. 441: "That it was competent for the General Assembly to denominate a proceeding to annual a marriage of this kind" (voidable at the election of one or both of the parties) "a petition for divorce, there can be no doubt. And having so denominated it, this court is authorized to treat it as such for the purposes aforesaid." And again: "Owing to the difference between the language of our statute and that of other States relating to the subject of divorce, but little aid can be obtained from the decisions of the courts of those States in regard to the proper construction of the statute before us."

In consequence of the conclusion we have reached, the bill must be dismissed for want of jurisdiction.


Summaries of

Selby v. Selby

Supreme Court of Rhode Island. PROVIDENCE
May 10, 1905
61 A. 142 (R.I. 1905)
Case details for

Selby v. Selby

Case Details

Full title:INDIOLA SELBY vs. NORMAN SELBY

Court:Supreme Court of Rhode Island. PROVIDENCE

Date published: May 10, 1905

Citations

61 A. 142 (R.I. 1905)
61 A. 142

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