Thomas v. Thomas
Cases that cite this one
10 later published cases cite this decision.
- Meton v. Industrial Insurance Department (Wash. 1919)
- Weatherall v. Weatherall (Wash. 1909)
- Davis v. Davis (Wash. 1942)
- Davis v. Davis (Wash. 1940)
- Donofrio v. Donofrio (Wash. 1932)
- In re the Application of Conklin (Appellate Division of the Supreme Court of New York 1931)
- State Ex Rel. Bentley v. Frenger (Wash. 1930)
- In re Grande's Estate (New York Surrogate's Court 1913)
- In re the Application for Letters of Administration de Bonis Non on the Goods, Chattels & Credits of Meehan (Appellate Division of the Supreme Court of New York 1912)
- In re the Application for Ltd. Letters of Administration on the Goods, Chattels & Credits of Grande (New York Surrogate's Court 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an appeal from a judgment for divorce, the only contention being that the former husband of the respondent, plaintiff in this action, was not dead at the time of the alleged marriage of appellant and respondent. The testimony is brief and presents a plain conflict. The rule of presumption in cases of this kind is thus expressed in 1 Bishop, Marriage & Divorce (5th ed.), § 457:
“It being for the highest good of the parties, of the children, and of the community, that all intercourse between the sexes in its nature matrimonial should be such in fact, the law, when administered by enlightened judges, seizes upon all presumptions both of law and of fact, presses into its service all things which can help it in each particular case, to sustain marriage and repel the conclusion of unlawful commerce.”
Aided by this presumption, we think the court was justified in holding that the marriage was a legal one, and in rendering the decree which it did enter. Affirmed.
Rudkin, C. J., Mount, Crow, and Parker, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.