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McVicker v. McVicker

McVicker v. McVicker, 130 F.2d 837 (D.C. Cir. 1942)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
August 20, 1942
Docket
No. 8019
Citations
130 F.2d 83776 U.S. App. D.C. 2081942 U.S. App. LEXIS 3205

Opinion of the Court

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PER CURIAM.

This appeal is from a decree which dismissed appellant’s complaint for limited divorce, and granted appellee’s cross-complaint for annulment, on the ground that the marriage ceremony between the parties took place before the end of a six-month waiting period prescribed by a Virginia decree which had divorced appellee from a former wife. We think the court erred. For, as it found, the parties “relying on said ceremonial marriage lived together as husband and wife in the District of Columbia for more than two years preceding” the filing of appellant’s complaint. In this jurisdiction, “the removal of an impediment while parties continue to live together as husband and wife gives rise to a common-law marriage.” Thomas v. Murphy, 71 App.D.C. 69, 70 , 107 F.2d 268 . Parrella v. Parrella, 74 App.D.C. 161 , 120 F.2d 728 . We need not consider questions of estoppel, laches, and waiver.

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1947: 11952: 11960: 11961: 11962: 11974: 11987: 119472026peak 1947 · 1

Relies on it most ⓘ

  1. Jennings v. Jennings315 A.2d 816 (Md. Ct. Spec. App. 1974)
  2. Metropolitan Life Insurance v. Chase189 F. Supp. 326 (D.N.J. 1960)
  3. Metropolitan Life Insurance Company v. Rhoda J. Chase, and Charles W. Chase, Elinor R. Chase Jones, Georgia E. Chase Snell and Lawson W. Chase294 F.2d 500 (3d Cir. 1961)
  4. Matthews v. Britton303 F.2d 408 (D.C. Cir. 1962)
  5. Queen v. Queen521 A.2d 320 (Md. 1987)
  6. Henderson v. Henderson87 A.2d 403 (Md. 1952)

Most recent

  1. Queen v. Queen521 A.2d 320 (Md. 1987)
  2. Jennings v. Jennings315 A.2d 816 (Md. Ct. Spec. App. 1974)
  3. Matthews v. Britton303 F.2d 408 (D.C. Cir. 1962)
  4. Metropolitan Life Insurance Company v. Rhoda J. Chase, and Charles W. Chase, Elinor R. Chase Jones, Georgia E. Chase Snell and Lawson W. Chase294 F.2d 500 (3d Cir. 1961)
  5. Metropolitan Life Insurance v. Chase189 F. Supp. 326 (D.N.J. 1960)
  6. Henderson v. Henderson87 A.2d 403 (Md. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Thomas v. Murphy, 107 F.2d 268 (D.C. Cir. 1939) 21
Parrella v. Parrella, 120 F.2d 728 (D.C. Cir. 1941) 7

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