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JEWETT v. JEWETT. (11/16/61)

November 16, 1961

JEWETT, APPELLANT,
v.
JEWETT.



Appeal, No. 332, Oct. T., 1961, from order of Court of Common Pleas No. 1 of Philadelphia County, March T., 1961, No. 3667, in case of William G. Jewett v. Clara Jewett. Order affirmed.

COUNSEL

Alan Miles Ruben, for appellant.

Nelson Romisher, with him Harry Aaron Rubin, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 196 Pa. Super. Page 305]

OPINION BY MONTGOMERY, J.

This is an appeal from an order sustaining defendant's preliminary objection in the nature of a demurrer

[ 196 Pa. Super. Page 306]

    to the second count of a complaint seeking (1) divorce and (2) annulment, and dismissing the second count for annulment.

The parties were married at Elkton, Maryland on November 20, 1952 and subsequently cohabited together in Philadelphia, Pennsylvania from that time until the appellant left their marital abode on March 28, 1961, a period of almost nine years.

The complaint alleged that at the time the marriage was ostensibly contracted the appellant was a minor, and incapable under the laws of Maryland of entering into a valid marriage without his parents' consent; that parental consent was never obtained, although defendant fraudulently made application and was issued a license in Elkton by misrepresenting the appellant's age to the license clerk; and further that appellant was induced to enter into the marriage by reason of the defendant's fraudulent representation to him that he was the father of a child born to the appellee out of wedlock and that the child was critically ill when, in fact, no child was born. Another reason appellant gives for entering into the marriage was appellee's threats to prosecute for fornication and bastardy.

The appellant seeks a decree declaring that the purported marriage had no lawful existence.

The law of the state in which a marriage is celebrated governs the validity of the marriage in regard to the capacity of the parties to enter into the contract of marriage. Commonwealth ...


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