Show YOUNG VS irs YOUNG VOUN decision of chief justice shaeffer Sha efler efrer in the famous divorce case the tha revelation on polygamy from hell instead 0 of f heen the relation Re ration of polygamous lIMOUS women at last defined the profit must pay the costs cost and alimony stops slops acx bray sk Y 0 va T f bill for divorce D YOUNG J or OF TUB CAST CASK the bul bill alato tal that compla coant is is ft native colleen catiz n of the united state that she fhe wall u a re resident anicat of this thi territory from the year owr 1 1818 tho lite moo cement of this soil that on OB the ilia gib dy day of april she and the brigham us ia skit salt jake in said territory that earn and lierd nod and oo act hell tog together other us as husband and wife for some homo time after said rod and that for the depeo epico of boat about one year after paid marriage the defend ant kofod towards complainant wit with h some degree of kin ducts and afee CD lion and ad sto n tri buted towards her bor mid and support hup port riot not however in fc manner proportionate proportion alo to 0 o his bis means or to her RI 1100 JQ 10 lira 1116 thai she performed tho the d dolica esties of a a faithful him hiving having beca eca married as aforesaid about a 6 year the defendant jor for some ouse osum or of motivo unknown to her commenced a neuritis of neglect unkind deep DC cruel od a treatment towards her coding cadio in ia eat to ro dc act coo rod and specifics or 0 neglect cruelty crudity aad li y charges disert iOD 0 of ign p han 11 ll by de c fondant without cause the bill charges that ilo owns property worth several millions mili oo ot dollars and that he bo has an annual of do dob than the bill than has bu the ali usual player for or temporary ahmady diforca sod and SlI alimony MODY and od with abe for gone ai relief relict gob as the ahtaris or of the 54 case casa shall od atud a load conscience null le t 1 V Y T the h bill was VM died july 2 23 3 1873 and a summons ingold god derrod 00 ibal dy day rab assatta n the fid keener A which filed july joly 21 1875 deal deaia that plain tiff and do codone on go the iho C 0 la april or at any other time at bale bait like city or at att other place sod dd further den ej ca that plaintiff DOW is or over ever was iraa the wife of the defendant in ID further the defend ant says f on oa sea belief that prior to april 6 to wit wil on at tho the lulb day of april 13 the aff was VM mars led iod to one ODO james aj L uw doe who was iva still living at the timo time log said amended answer mid and that from the loth day ot of april and ad lit 11 1 1 tho the lawful husband of the ibo said aid plaintiff that tbt the do dis fe is ij now advised hat the paid the ibeal paid doe had naver bets divorced lut but that oo on alo 0 h icy day of april anil and kt at the ibo time lime the be core diony hereinafter r roberre I 1 to lo be ie tho the defendant was waa to JQ ormed sod believed I 1 bat the plaintiff lid GIA doe lad had prior thereto loea been to lo gally elty divorced diToro cd tho the told eaid answer further alleges that ou on tho the loth logli of january wi 1331 lit kirtland ohio ibo file defendant boing being then unmarried we iraa duly and od aill law oily fully married to one mury mary aoa ann an als goll doll by a minister ol of tho the gospel who was t abea I 1 on still there by bf ilia lh jews of raid paid st of 0 ohio is authorized io to tj usina marriages that efti cotil I 1 loar nago wu was the taco rod there hero fully daliy con COD dominated lod and lint the wd paid alary airy ADO ADD angell who is ell bull living thee and there became sol od ever piece than bad baa born beca the ebe lawful wito wife ot of rho ill defendant mail aud that the IID 1111 on ILO wh day of april mud ud be lure furs and od since thee boo kover and dd bid bad full sod ot at aoh each ooh marriage inar nago oto eta with ith said ury ilary ano ana angell algell tho the said awer then aberg cr that oo on ilia G 6 b h day or cf january 1321 bo an bet act passed by tte courts assembly ol of ohio nod fiod that abat paid act was IQ 10 force from an aad it after jura joco 1 1821 hitherto bcd aad I 1 makes daises so aa exhibit of data bid act at B part of said nester sod boo borg bat io 0 of the provi ioos or the list d i 1 law the ibo defendant was to lo mury mary aon ADD angell on the ho isab day of january 1331 that said marriage va we then bad there fully td ed and that the said raid miry mary ann AD ac csoll oil thee god and there becco and ever chr since then bad boon been sod add ROW DOW Is ie the site ito of olibo the au all of which aich fecto were oo on the gib dy day of april 1169 won noil keown to the plaintiff luo defendant IQ hla his kosiver fur file that says that 00 oo GO the gib ath day of april IW at e silt salt lake city IQ in the iho bornt territory a ry of utah ilia egia eaid mary an ADO angell boing being then living alid the of as a afore aforesaid kaid as plaintiff thee an nj I 1 thero there well know a ceremony was paged to unite the iho plaintiff and defendant in ia ft a plural or polygamous marriage sod bd that the plaintiff than ibba rod dd there know goow that sold colored into between alie said and plaintiff sod od tiie the defendant was a celestial colos lial plural or polygamous oui carnago mar nuRO nago but bob the doft doi dc dice that on OD the wid ad fish day of april or cr it ft any other dinue bo be sod aad the ibo limit iud into idao toy oy other 01 marriage than that lorain before stated and od set met forth the tb answer further denies abo lian BOB oral allegations of desertion cruelty cruelly mud bud further deviea the allocation or of 8 apeci p li fio sots t s of vogl of ct all elo ter god IQ the and nd oat oo 00 it ibo 0 contrary alleges that ho be ista ahja ay I 1 u hotl 11 aate martji her with all 11 tb abo ats means concisely to procure her med mcd nod and medical attendance nod and i u ilia abt lie bm bad do dooe all 11 that hot k do in husband should or could do to his wile wife sod flint tho ilia phi oliff left him atai without irit just juat congo the further dvo to ca tul that i he h it leadmon to worth onh loveral million bellars del lars bad od that his bid monthly income is in arty thou ih dollars dollan hat but ed bl legas that lie ho so ll not worth note than six sit Loa tand dollars and that hr big monthly income is not over BIX that lia hada ft family or of ft a ity at three perilous depend bog upon him for support the davor IM also 0 that one dol taro or any oilier sum om ono I 1 hundred dollora per month I 1 would woold be 1 ft a reasonable all 10 0 o be for tho ilia ca education end bud proper medical attendance of the lainoff and tier obil dreo during this f on slid albeo prove the balg melt meat of ibo file court that lo he la be bones with bid come hercia under our of pro prato ion iio the new mutter IQ ad by b lar borce essof ot tko ako statute WILLOD 4 formal replication raz DECISION schaefer C J the ilo ful lowing de eiloo the first wnm 10 ion prose atea by lacao aleso pleadings aad ad that which it id ol of superlative importance IQ ia tuni canis is if we la I 1 be alleged between beltt cen plaintiff and defendant on the gib of bl april ami 1868 of stich each validity as to la on tubs title the ibo plA if say oy of her charged of canes lor for a divorce aid rc muslam edby by the tha ovi decoo to a di dice for divorce this is ij affirmed by the plaintiffs ley and it 51 11 iu 10 the ibo answer of tho the nt not upon the ground that the iia marri stio contract contra ot or the ceremony under which it vs visa performed WM wag latest pcr void told or irregular under the ivas vre of this thi Torri hot but for the abe tog dust dol reason ed at firitz the edlef P manliff was ai then 0 na der disability to contract conri cl it marriage min ingOt and dd 8 caal ahat the defendant wee then notice bob snob is i the civil a 0 one to bod and coo OD woman united called in ia law I 1 r liff life under ilia obligations to lo dr dia charge to each other olber mud od ilia ibo comma oi city ty aage alume and obligations which b h the tb community ty by its if laws hold boldi A inconstant oo go orson whose s mo L 00 I 1 in a formed oa ijo HOD n of rm fisl its to is the ji w of nature whence it boa bm rowed flowed ioto into the municipal laws of every d it cou lotry rod and into the abo general of dollars AD nl it alloo it a a art at afy IQ in pairs stia od pine boom TO to compelled but bat all 11 II who are ar TO arc permitted to so aa puma it marriage maybe addy bo said fid to proceed from ft a bivil contract belli between ettl race and ono 00 woman or of physical and oil died cap acety white while the ibal contract to merely an executory agreement to worry marry it at does donnot not dif dit for from olt other her executory eiMu exec lory atory 0 orfil wil oon contracts tracts it doe doce not the slata and oo on its it violation no nil motion may mar bu be maintained by the party injured to 7 recover 01 e 1 I 1 ahter 2 from the other bat t whoa h t abe contract jj is executed JD it what the ibo lw laws regard as aa a voila main go ito n nature as 11 a contract is i merged in 4 taro of fi alfis is a lid ilia ibo parties are thenceforward forward governed Kove raed bv the of husband and nd wife dish JI r and zt di ac wt 3 I 1 ibo lid admits I ft yuan logo ic do facto dujo bot iteen find and do at tho the time mentioned aed to ia ilia complaint but bat save BATH it ik was a coles rl mi plural or polygamous alid d therefore 1 gall gaily void ana of no binding force what the means by a cr air plural nine naro ris 14 on not t clear to a lawyer but it ca ID ad clearly i intimated by big foitl abny MO 1 r he bo means to wert effort ilott poleg abom by a I 1 iresia revelation given to him to tho the prophet priest and nd revelator tf of big bia church by a communication from bo high court of heimen heaven I 1 cin can only lanct abat lie received abo r tolt lion from a for whose credentials were not iohd by that court coort but who received theta them if toy he bo had bad f a power home don sties lie in ft mail opposite opp otlo direction our oar creator must have mido made 6 most meet egregious mistake either bilber 10 a the ibo ibue rent or in a our creation for ms mf ly every loe iob or of our common humanity as B well ai every dictado of our christian civilization revolts at the ibo very idea ol of a poleg man relation rc littion kod bad I 1 doubt vry very much chat it if the it feikls in such a revelation veto hd b would deny ilia validity ity of 0 loch each a marriage to escape abo be forfeits fot oits of a low dollard lo llora to the ot at an violte the offense coffea 1 ol 01 I having two tiro or of moro more at the bo oma timo time tho the ono ODO ile deju jure sod the other de defalto facto if cout corn casoly sea dd appropriately termed formed po sod a da 16 fia facia under such 01 ro a install coi is id a polygamous mar crr ajro abo ROL defend mile that the m 4 go and od do dadant rii arms pt lut let 13 cadee m tho the list ha lark PrO TIOU 1 ly y a 7 fled to ono james L doe dio who we was I 1 ile a still tiede is 01 IQ abia a territory I 1 a ry nod imie whom ham abo be bad not at boea been legally divorced that she lod been so BO married 0 a o said eaid dee clearly opi bpi cars and dd if 11 to its emony totaling to this active attivo tort part abial t tho file dersin dunc dout ia alfelt tuo M to a bills bae I 1 aken IQ in cc i cursor tho the decree ot of divorcement is 13 true trao it comes with very ill grace for iskin him now boff to allege that such w vaa g a 0 il i li i g a un aej d vol void I 1 T abo bo i e st i m 0 D y pho WS that tbt at the december form 5 at the abo lr ohio its ault of salt lake county and tr tir atory of utah a decree of divorce wee waa had bad by the plaintiff to 10 her soil eon gadut the said faid dee and that tho the eaid aid probate court bad jaris jurisdiction diction of the ibe persons she were patting parting to feld bull 1111 shot the said james L doo hid had received a wrice and time I 1 imarata z of the ibs application jor di votes according to G of our oar to to divorce divo roe sod add althou Ith eb the ibo faid aid probate IfO bitto court mt may nut not then have bavo bad j of the subject yui U abo amid decree i was do doty 1 scooted god no DO appeal 1 coald old have bavo beta taken frodi TOM it 31 oo do or I 1 aler the abo ot of june 18 1871 7 1 section 3 of ibo be act of ao an act in relations relt nn ioni to courts sod I 1 juliai ju lioi in the territory ol of utah approved proved ftp june 23 1 among giber a all ad me tod ad dar dorfeo cesis heretofore it ceded g by lb be proto court which have hcan exo exis hokuf acted and the time 0 a appeal frodi roul bu bid by too the iowa ladof of said aid territory expired ato vili daml bod and by this ibid an ac of the sit dee decree ree of divorce of 0 uluis iliff trim rtin su sill dee ill bough ori tiDally irregular and was va mado made nit lawful god aad the bo at ac lio lie timo time tl if her alleged marni marango gis with defendant we to coalso a valid war tog contract although she ebo had teen been once married armed to 0 o the said mid james 1 L dee the farther charges ostreet that ilia said mar madriago riago between tilT and aad defendant iraq 2 Poe swit or the in ID competency IQ in this thip that but on in or about the bo dy day of 0 january J naury at t kirtland ohio ho bo the defendant was vaa married toaia to one mary ann angell according coor dins to the laws lawn of ohio and shot she ehe the fuld id mary alary ADD angell war on the gh ch day of january and aad still is his hir iwiula wire wild cy by section fico tion or of the be set ct or pe lite log alturo ol of the state of ohio IQ in to bogard g ard 0 a marriages which act me in ro rs 0 tit at the 1040 of id alleged marriage sod dd still is j in trw force it is u provided ao ad follows toll offe it if shall fidall be lawful for any ordained lu laister of any or weilia abla state who be abnor or may hereafter obtain a license for that purpose pur ws provided or for any lam juaice sea of ilia peace in 10 I 1 aj ij county or tor for the several religious no ao bioty at agreeably to ilia sales and regulations of thel eppe alive cb cli archee arthee to join together toolbar as i buhland and wife I 1 not b by 1 thiu big act at ab ag appears 10 be sea is be only section of tho the statute a or ohio provides for any by which might by be jowa together to cibor as an 1 ausband sod od wife toros distinct TO are here boro provided provi dod for that pur pOjO a mia moister later of nor ny re billions society or who has bu a for or that purpose r 21 2 a justice of the ii a tho the proper bouny bad and 33 cocie foci elles iio noting in 10 S eco with tho the ruled ruin tod sod of at their churches lo 10 abo ofia at bar ot of was employed ac W tho ilia sidney Iti bigdon gelon wua was neither a ladica or of tho the peace nor a ot at bof oy religious society or who had bid a license lor for that list nor does it appear from roco the broor abit the merriest was wa performed by it religious social to 10 accordance with 16 rules slid I 1 adult lion leonx abero a plat lite provides provide that a ja ties itoe ol of tho the peace or at lier ored of ft ci shall ball perform abo marriage cru 0 y to ju 0 j mako make the marriage to 10 with gob statute Bia it must affirmatively akar that tho jaio ja jantti IO of the tco so acted led to ID bid official capacity or that the minister of tho the elarch had the qualifying to 1 beform the hano file juau Jj au 9 ra ft isaque I 1 miss vt R 24 2 X laj to ill crouter ur outer 7 mw R S 48 it must mont bo be observed Tod however bo frever tout that the ibo statute dilute of ohio but ba no DO clause pro hibi Ling nor a declaration of 0 judity sa aa to sw ms riego contract mado made of ailitto ref lam I 1 i aa modo prescribed by the ibo statute in ID the co a of vs tho the state of ohio 12 |